Is a master subject to Hadd for slandering his own slave by denying his paternity?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The Ashab al-Ra'y rule that a master can pronounce Hadd against his slave. They argue that this is slander against the slave's mother, so her protected status should be considered rather than the slave's, because if she were alive, the slander would be directed at her. This implies the meaning is 'your mother committed Zina and bore you illegitimately,' making her the primary victim. Therefore, her status should be relevant.
Supporting text
The primary position refutes this, arguing that if the slander were truly for her sake, Hadd would not be due, as a disbeliever does not inherit from a Muslim, nor a slave from a free person. Furthermore, since they do not establish Hadd for slandering a deceased person under any circumstance, the slander must be considered directed at the living person (the slave), thus his status, not the mother's, should be considered.