Does the guardian of the victim acquire ownership of an enslaved person (*'abd*) if the guardian pardons the right to retribution (*qisas*) in exchange for ownership?

Primary text

If a crime necessitates retribution (*qisas*) and the guardian of the victim pardons the retribution on the condition of acquiring ownership of the enslaved perpetrator, ownership is not established through this act. This is because if ownership is not established due to the act of the crime itself, it is more appropriate that it is not established by the pardon. Furthermore, the perpetrator is one upon whom retribution is due; thus, ownership cannot be acquired through pardon, similar to a free person. When the guardian pardons the *qisas*, the right transfers to financial compensation (*al-mal*), making the situation equivalent to a crime necessitating financial compensation only.