Does the master inherit the right to financial compensation or the right to pardon (Afw) if the injury necessitates financial compensation initially or if the victim pardons for money?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two differing scholarly opinions regarding whether the master inherits the right to financial compensation or the right to pardon the perpetrator for money when the injury initially necessitates monetary compensation or when the victim initially pardoned for wealth. The first view, held by some Shafi'i scholars, affirms that the right is established for the master because the injury pertains to another party, resembling injury less than homicide. The second view, held by Abu Thawr, negates the master's right to the slave's monetary value or the right to pardon for wealth, arguing that since the right did not establish for the master initially, it cannot be established later, similar to if the injury had been inflicted upon the master himself.

Supporting text

The underlying legal difference for these two views rests on whether the established right for the slain person transfers to their heir, or if the right is established for the heir from the beginning.