What options does the master have when the indemnity for a slave's injury exceeds the slave's market value?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There are two narrations. The first grants the master the choice to ransom the slave for his market value or the amount of the indemnity, or to surrender the slave. This is because paying the market value fulfills the obligation incumbent upon the master, as the injured party's right does not exceed the value of the slave, similar to cases where the injury equals the value. The second narration mandates that the master must surrender the slave unless he ransoms him for the full indemnity, regardless of how high that amount reaches. This latter view is held by Malik, arguing that if the slave is offered for sale, a buyer might offer more than his market value, and retaining the slave would deprive the injured party of that potential excess.
Supporting text
The support for the first narration is that the Lawgiver provided the right of ransom, thus the master should have the right to ransom him, and the required amount should be limited to the market value, similar to other destroyed properties.