What happens if the master refuses to pay the ransom/compensation for the criminal act committed by the pledged slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the master refuses to ransom the criminal perpetrator, the master is not compelled to do so. The slave is sold to satisfy the claim arising from the crime, because the right of the injured party takes precedence over the pledge. This is analogous to a crime occurring after the pledge was established.
Supporting text
If the compensation (*arsh*) required for the crime consumes the slave's entire value, the slave is sold, and the pledge becomes void. If the compensation does not consume the entire value, the slave is sold only to the extent required for the compensation, and the remaining value continues as a pledge.