Liability for a servant's wrongful death commanded by the master.

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

When a master commands his slave to kill another person, the master is subject to *Qisas* (retaliation) as if he used his own weapon. This ruling is attributed to Ali and Abu Hurairah. The justification is that the master caused the forfeiture of life through his order.

Supporting text

The slave involved in the killing is held in custody, being 'entrusted to prison' (*yustawda'u al-sijn*), pending the decision regarding the master.