Is the estate of a slave liable for their burial expenses?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 2 · Bab 1

Open in Qurani

Primary text

If one of the slaves owned by the bankrupt dies, their burial and preparation are obligatory from the bankrupt's estate because their maintenance was not stipulated in return for use or enjoyment. This is evidenced by the fact that maintenance is due for a minor or for an item sold before delivery. The slave should be shrouded in three garments, mirroring what they wore in life. Alternatively, one garment sufficient to cover them suffices, as the necessity for covering the head is for the living to prevent distress, which is irrelevant for the deceased.

Supporting text

It is suggested that covering the slave in a single garment suffices because that is enough for the purpose, contrasting with life where covering the head is necessary to prevent causing distress.