What happens if the tort committed by the slave results in capital punishment (*qisas*)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the slave's tort warrants *qisas*, the injured party has the right to exact it. If *qisas* is executed, the pledge is nullified, just as if the slave had perished. If the injured party accepts financial compensation (*mal*) instead, the liability attaches to the slave's neck, and the owner is given the choice: either to ransom the slave or surrender the slave for sale to cover the compensation.