What is the consequence for the 'Aqilah liability if the perpetrator confessed to being a slave, and the offense would normally fall upon the 'Aqilah if he were free?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If the Arsh would normally be borne by the 'Aqilah had the perpetrator been free, it is waived from the 'Aqilah and does not become obligatory upon the perpetrator. This is because the confession of servitude implies acceptance of the waiver from the 'Aqilah, and this implication is not accepted to impose liability upon the perpetrator, thus it is waived.
Supporting text
It has been held that the liability does not shift away from the 'Aqilah. Furthermore, those who hold that the confession is not accepted in any legal matter mandate the Arsh upon the perpetrator.