What is the ruling regarding compensation or retribution when a contractually obligated (Mukatab) servant injures their master in a matter less than homicide?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the injury necessitates retribution (Qisas), it is enforced upon the Mukatab just as it would be upon a chattel slave, because retribution is required for deterrence and the slave requires it concerning their master. If the master pardons the Qisas in exchange for monetary compensation, or if the injury initially necessitates monetary compensation, this compensation is due to the master. This is because the Mukatab's legal standing concerning his master, regarding injurious acts, is similar to that of a non-slave outsider, as transactions are valid between them and financial obligations establish in his debt. Regarding self-redemption, one narration permits redemption using the lesser of two amounts, while another permits redemption via the full calculated value of the injury regardless of its amount. If the Mukatab fulfills the existing debt owed from his manumission contract using what he possesses, the master may claim and take it. If he fails to fulfill it, the master may declare him bankrupt (ta'jiz). If the Mukatab is declared bankrupt and the manumission contract is voided, both the contractual debt and the injury compensation are nullified because he reverts to being a chattel slave, and a master does not hold financial claims against a chattel slave.

Supporting text

When the master frees the Mukatab while the Mukatab has no funds, the compensation for injury is waived because it was attached to his person, and the master extinguished that person. If the Mukatab possesses funds, the compensation is not waived because the right was attached to his debt/liability, and upon the demise of his servitude, the right remains attached to the funds, which are then claimed. There are two scholarly opinions regarding whether the compensation due is the lesser of two amounts or the full calculated injury amount.