Upon what asset does the liability for the injury (jarimah) committed by a slave attach?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

The liability for the slave's injury attaches to his person (raqabah) because it cannot attach to his personal assets (dhimmah) as that would either nullify the liability or indefinitely postpone the right of the injured party, nor can it attach to the master's dhimmah since the master did not commit the act. Therefore, it must attach to the slave's person, similar to retributive justice (Qisas). Liability must be considered because it is an injury committed by a human being, and even the injuries committed by minors and the mentally incapacitated are not nullified despite their excuse and lack of legal accountability.

Supporting text

If the indemnity for the injury exceeds the slave's market value, the master is not liable for more than the slave's value.