What is the ruling if a man commits *Zina* (fornication/adultery) with a female slave (*amah*) whom he then kills?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a man commits *Zina* with a female slave and subsequently kills her, he is liable for both the prescribed punishment (*Hadd*) and the monetary value (*qimah*) of the slave. This view is held by Abu Hanifa, Al-Shafi'i, and Abu Thur. The basis for this ruling is that the *Hadd* was already established and is not nullified by the subsequent killing of the slave, similar to the case where one kills a free woman for whom he then pays her blood money (*diyah*). Furthermore, any claim that he gains ownership by paying her value is invalid because the payment occurs after her death, meaning the object of ownership no longer exists. Even if ownership were established, it is established only after the *Hadd* became obligatory, and ownership acquired later does not negate an already established *Hadd*, just as if he had purchased her after the *Zina*.
Supporting text
Abu Yusuf holds that if he is obligated to pay the monetary value of the slave, the prescribed punishment (*Hadd*) is dropped, based on the premise that he gains ownership through the payment of her value, which constitutes a mitigating circumstance (*shubha*) for dropping the *Hadd*.