What compensation is due when a master pardons Qisas resulting from a non-fatal injury or limb removal on the pledged property?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the master pardons a felony involving injury or removal of a limb, the due compensation is the lesser of the established Arsh (damages) for the injury or the value of the perpetrator (slave). If the master pardons absolutely or without receiving financial consideration, the ruling depends on the established consequence of intentional felony (Amd): if it is deemed to be one of two things (retribution or wealth), then wealth is established.
Supporting text
If the consequence is specifically retribution in kind, the ruling follows that of exacting Qisas: if the value is incumbent upon the mortgagor (master), it is incumbent here (the preferred view of Abu Al-Khattab); otherwise, if nothing is incumbent upon the mortgagor, nothing is incumbent here (the view of Al-Qadi and Al-Shafi'i), as acquiring wealth cannot be forced upon him.