What is the ruling when the injured slave is mortgaged to a creditor who is different from the creditor of the injuring slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The master has the right to Qisas because the master's right precedes the creditor's right, proven by the fact that an injury mandating financial compensation takes precedence over the mortgage. If Qisas is taken, the mortgage on the injured slave is voided because the injury did not result in financial compensation to substitute the collateral. The master must pay the value of the injured slave to the creditor who accepted Qisas, and this compensation becomes the new collateral.
Supporting text
The master has the option to forgive the injury for financial compensation (Diyya). In this case, the injury becomes like one mandating financial compensation, establishing liability on the slave's person because if the master injured his own slave, the *arsh* (damages) would be due for the benefit of the mortgagee. Thus, establishing it on his own slave is more appropriate.