Upon which party does the financial liability for an injury or damage (Janaayah) caused by a Mukatab fall?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When a Mukatab causes an injury resulting in financial liability, the amount of compensation (Arsh) attaches to his person, and it must be paid from the wealth in his possession. This is the view held by Al-Hasan, Al-Hakam, Hammad, Al-Awza'i, Malik, Al-Hasan bin Salih, Ash-Shafi'i, and Abu Thawr. The evidence supporting this is the Prophet's saying, 'No wrongdoer bears the burden of another,' and because it is the injury caused by a slave, its liability does not fall upon the master's responsibility, just like in the case of an uncontracted slave (Qinn). When established, the payment for the injury takes precedence over the Kitabah installments, whether the installment date is due or not. This ruling is explicitly stated from Imam Ahmad and practiced in the Madhhab.
Supporting text
A secondary opinion suggests the master shares the liability with the victim's representative, dividing the payment proportional to the due installments of the Kitabah, treating it as two outstanding debts sharing the claim, similar to other debts. However, the primary view asserts that the Arsh for the injury takes precedence over all other rights related to the slave, including the master's ownership and the rights of a mortgagee, thus it must precede the Kitabah debt. This is confirmed because the Arsh for the injury is established against the slave, taking precedence even over the master's established right in the slave, so it must, by greater right, precede the Kitabah consideration, whose ownership prior to the contract was established but the debt itself is not fully established.