Is retaliation (Qisas) permissible when a Mukatab's slave commits a crime resulting in Qisas?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Abu Bakr holds that Qisas is not permitted because it constitutes the destruction of the master's property by his own choice. Al-Qadi, however, rules that Qisas is permitted because it serves the interest of the master's ownership, preventing further aggression among the slaves if the right is not enforced. The master cannot forgo Qisas in exchange for financial compensation due to the aforementioned ruling.
Supporting text
The established position is that Qisas is permissible, drawing an analogy to the situation of a pledged item where the pledged property causes harm to the pledgee, which confirms the right to enforce Qisas.