What happens when a felony upon the pledged property necessitates retribution (Qisas)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the felony necessitates Qisas, the master has the right to exact Qisas, as it is his right intended for fulfillment. If the master exacts Qisas (killing), the lesser of two values—the value of the victim or the value of the slave—is taken as compensation and placed as a pledge in place of the slave. This ruling is narrated from Ahmad by Ibn Mansur and aligns with the view of Ishaq.
Supporting text
A divergent view suggests that nothing is incumbent upon the master in this case, following the madhhab of Al-Shafi'i, as no wealth was established by the felony, nor was any debt necessitated in any case, and the mortgagor is not obligated to labor for the mortgagee to acquire wealth. The primary view is based on the principle that the master destroyed wealth deserving compensation due to the destruction of the pledge, thus requiring him to pay its value, similar to felonies resulting directly in wealth.