What is the ruling if a free non-master injures a Mukatab?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a free non-master inflicts the injury, capital retribution is also not applicable because a free man is not executed for a slave. If the wound spreads and results in death, the manumission contract is voided, and the injurer owes the master the valuation (*qimah*) of the *mukatab*. If the wound heals, the *arsh* is owed to the *mukatab*. If the *mukatab* pays for his freedom and is manumitted before the injury heals, and the wound subsequently leads to death, the full blood-money (*diyah*) is due, as the liability assessment is based on the state at the time the obligation was established, and it belongs to his heirs. If the injurer is one of the heirs, that heir inherits nothing because a killer does not inherit; the money goes to the public treasury (*bayt al-mal*) if there are no other heirs.

Supporting text

If the ruling is based on the condition at the beginning of the injury, the injurer's valuation is due, and it belongs to the *mukatab's* heirs.