Can retaliation be executed against a master (*sayyid*) if his indentured slave commits an offense against another slave?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 5 · Bab 1

Open in Qurani

Primary text

Retaliation cannot be executed against the master because the master is not retaliated against on behalf of his slave.

Supporting text

There is another opinion, held by Al-Qadi, that retaliation may be executed against the master, as the master's legal status in this regard resembles that of a free person (*hurr*), evidenced by the fact that the master cannot sell him or dispose of him freely, and his freedom is suspended upon his own freedom. Al-Qadi noted that this instance is the only known situation where a slave may be subjected to retaliation against his owner.