How are multiple injuries caused by a mukatab (contracted slave) satisfied?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When a mukatab commits multiple injuries, the satisfaction of these claims, whether committed before or after his capacity to earn (ta'jiz), is equal for all claims against his neck (رقبة). If any injury necessitates retribution (qisas), the victim of that injury has the right to exact it, thereby nullifying the rights of others. If the perpetrator is pardoned in exchange for monetary compensation (mal), the ruling becomes that of an injury requiring monetary compensation. If some creditors absolve him, the remaining claimants compete for satisfaction against the neck, just as if they had acted alone, similar to bequests (wasaaya). If the mukatab fulfills his contract and is freed (itq), the liability for compensation remains his responsibility. If his master frees him, the liability remains his. In either case, the amount he must pay is the lesser of two options, as established for a single injury.
Supporting text
If the creditors render him incapable of earning and he reverts to slavery (qana), he has the choice between redeeming himself or being surrendered. If he chooses redemption, there are two narrations: one states he redeems himself for the lesser of two amounts, similar to when he is freed or killed. The second states he is liable for the full assessment (arsh) of all injuries, regardless of the amount, because if he is surrendered, a willing party might pay more than his value, and by choosing to keep him, he forfeits that surplus value, thus making the full assessment due. This differs from when he is freed or killed because the subject matter (the slave's value) is destroyed, making surrender impossible, so only the value is due; here, the subject matter remains, making surrender and sale possible.