Is it permissible to sell the slave who committed a penal injury to cover the resulting compensation (Arsh)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
It is not permissible to sell the slave to cover the compensation (Arsh) for the injury committed. This is because the compensation right does not become established over the slave's very being (raqabah). If the perpetrator is one of the son's slaves, selling him for this purpose is also impermissible.
Supporting text
The companions of Al-Shafi'i permit the sale in one of two opinions, arguing that since the master could not sell him before the crime, the crime grants him the right to sell the slave to cover the resulting liability.