If the owner chooses to ransom the slave following a tort liability, what is the ransom amount?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
There are two narrations regarding the ransom amount. The first opinion states the ransom is the lesser of the slave's value or the exact compensation amount (*arsh*) for the tort. This is because the injured party is not entitled to more than the *arsh*, and the owner should not pay more than the slave's value. The second opinion states the ransom is the full *arsh* of the tort, no matter how high, in case a buyer is willing to pay more than the slave's value. If ransomed, the slave remains under the pledge, as the cause for the pledge remains active, and the tort liability's priority is removed.
Supporting text
If the pledgee chooses to ransom the slave, there are two views on the amount. If the pledgee ransoms the slave with the mortgagor's permission, the pledgee may reclaim the amount paid from the mortgagor, similar to repaying a debt with permission. If redeemed without permission, the pledgee recovers nothing. If the pledgee pays more than the required amount, that excess is never recovered.