Liability when a master commands his male servant to commit harm (Jana/Jinayah)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
When a master commands his male servant to commit harm, the master is responsible for the resulting damage, even if the damage exceeds the servant's value. If the servant cuts off the hand of a free man, the master owes the full *Diyya* (blood money) for the free man's hand. If the master commands his servant to injure a man, the master bears the value of the injury, regardless of whether this value exceeds the servant's price, because the action was done by the master's command. This is supported by the principle that when something is forfeited through the master's command, the master must guarantee its replacement, analogous to debt incurred by his command.
Supporting text
Ali and Abu Hurairah stated that if a master commands his slave to kill, the situation is treated like the master's own whip or sword; the master is killed (retaliation, *Qisas*), and the slave is imprisoned until the matter is resolved.