Is capital retribution (*qisas*) applicable when the master injures his own Mukatab?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Capital retribution is not enacted against the master who injures his *mukatab* because the master is a free man while the *mukatab* is a slave, and the owner is not executed for injuring his property. Instead, compensation (*arsh*) is obligatory, but it is only due upon the healing of the wound. If the wound does not heal due to complications spreading to the master himself, the *arsh* is forfeited. If the wound heals, the *arsh* is due to the *mukatab* from the master.
Supporting text
If the injury heals and the *arsh* is due, and it is of the same genus as the payment for manumission (*mal al-kitaba*) for which a due installment (*najm*) has matured, the amounts are offset (*taqas*). If they are not of the same genus, or the installment has not matured, there is no offset, and each party demands what is due to him. Settling for one payment in exchange for the other when they are of different genera is impermissible as it constitutes selling a debt for a debt, unless one party receives their right first and then transfers it to the other as compensation. If the *mukatab* agrees to accelerate the due payment from his installments, it is permissible if the compensation is of the same genus as the *mal al-kitaba*.