Who possesses the right of Qasamah (oath of retaliation/compensation) when a manumitted slave (*Mukatab*) is killed?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

The *Mukatab* (manumitted slave) possesses the right of *Qasamah* against the killer because he is the owner of the slave and has the right to dispose of him or his substitute value. The master does not have the right to take this right away from him, though the master retains the right to purchase the slave from the *Mukatab*.

Supporting text

If the *Mukatab* is unable to swear the oath before the right of *Qasamah* expires, the right transfers to his master, as the master becomes the rightful recipient of the substitute value, similar to the heirs of a free person who dies before taking the oath.