What is the ruling when an enslaved person or a Mukatab inflicts the injury?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the injury necessitates capital retribution and is a homicide, the manumission contract is voided. The master of the *mukatab* injurer has the choice between retribution or pardoning in exchange for a monetary payment secured against the neck of the injurer. If the injury is below the level of life, such as the cutting off of a hand or a foot, the *mukatab* has the right to exact retribution, and his master cannot prevent him, analogous to a sick person collecting what is due to him without objection from his heirs, or an insolvent person collecting without objection from his creditors. If the *mukatab* pardons in exchange for money, that agreement is established for him.
Supporting text
If the *mukatab* pardons absolutely or in exchange for something other than money, the ruling depends on the two narrations concerning the requirement of intentional wrongdoing (*'amd*). If the ruling is that retribution is the required penalty in kind, the pardon is valid, and no monetary compensation is established for him, nor can the master force him to stipulate money, as that constitutes earning, and the master cannot compel him to earn. If the ruling is that one of two things is obligatory, then the compensation for the injury is established because when retribution is dropped, the monetary alternative is designated. His pardon of the money is invalid because he cannot freely give it away without his master's permission. If he settles for a portion of the compensation, this ruling is the same as pardoning for something other than money.