Upon whom does liability for damages (*Arsh*) incurred by an *Umm Walad* fall, and what is the master's obligation regarding compensation?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The liability for the damages (*Arsh*) caused by the *Umm Walad* is attached to her person (*Raqabah*). The master is obliged to redeem her by paying the lesser of two amounts: either her monetary value or the amount of the damages (*Arsh*). This is the position held by Al-Shafi'i.
Supporting text
Abu Bakr 'Abd al-'Aziz narrated an alternative view holding that the master must pay the full amount of the damages, regardless of how high it is, because he did not surrender her when the injury occurred, making him liable for the full *Arsh*, similar to a regular slave (*Qinn*). Abu Thawr and the Ahl al-Dhahir argue that the master is not obligated to redeem her; instead, the liability remains against her person, which she will satisfy after being freed, as the master does not have the right to sell her, unlike a free woman. The established opinion holds that since her earnings belong to the master and he retained possession, he must pay the *Arsh*, limited to her value because the law prevents her sale or transfer of ownership, distinguishing her case from a regular slave who could potentially yield more than his value if sold.