What options does the master have when the indemnity for a slave's injury is equal to or less than the slave's market value?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the indemnity for the injury is equal to or less than the slave's value, the master has the choice either to ransom the slave by paying the required indemnity or to surrender the slave himself to the injured party for ownership. This view is held by Al-Thawri, Muhammad bin al-Hasan, and Ishaq, and is narrated from Al-Sha'bi, 'Ata', Mujahid, 'Urwah, Al-Hasan, and Al-Zuhri, and Hammad. This is because if the indemnity is paid, it is what is due to the injured party, who cannot demand more. If the slave is surrendered, the object to which the right was attached has been fulfilled, and the injured party's right does not exceed the value of the person surrendered.

Supporting text

If the injured party demands the slave's surrender and the master refuses, the master cannot be compelled to surrender him based on the established principle. If the master offers the slave and the perpetrator refuses to accept him, demanding instead that the slave be sold and the price paid to him, there are two narrations regarding whether the master is obligated to comply.