What is the ruling if a partially freed slave (*mukatab*) commits an act warranting retaliation (*qisas*)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a partially freed slave commits a deed requiring retaliation, the victim has the choice between imposing retaliation or accepting monetary compensation (*mal*). If the victim chooses compensation, or if the offense was an error (*khata'*) or quasi-intentional (*shibh 'amd*), or if it involved property damage, the financial liability (*arsh*) is attached to the slave's person. The master has the right to ransom the slave based on the lesser of two amounts: the slave's market value or the amount of the indemnity for the damage caused.
Supporting text
There are two narrations (*riwayatayn*) concerning the situation where the indemnity amount exceeds the slave's market value: one stating that the master must pay the full indemnity or ransom the slave using the lesser of the two amounts, and another indicating that the master is not obligated to pay the excess if the indemnity is less than the value, as that would constitute an unauthorized donation.