Liability for a servant's wrongful death commanded by the master.
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
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.