In cases where an injurious act after bankruptcy necessitates retaliation (Qisas), but the victim pardons it for a financial settlement or compromises with the bankrupt for money, does the victim share with the creditors?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the victim of an injurious act pardons it for a monetary sum, or if the bankrupt settles a claim with the victim for money, the victim shares with the creditors because the basis for the claim arose without the victim's volition, similar to a claim that inherently mandates financial compensation.
Supporting text
It is argued that the victim's right should be prioritized over general creditors, as is the case when one of the bankrupt's slaves commits an injurious act. This argument is refuted because the right in the case of the slave related to the specific chattel (the slave itself), whereas this right relates to the bankrupt's liability (Dhimma), placing it on par with other debts.