What is the ruling if an injury (less than fatal) is inflicted upon a slave belonging to an estate (Mawrooth)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the injury inflicted upon the slave, belonging to the estate, is less than homicide, such as injury to limbs or property, the ruling is the same as an injury inflicted upon a non-relative (Ajnabi). The heir has the right to Qisas (retaliation) if the injury mandates it. If the injury necessitates financial compensation from the perpetrator, that compensation is established. If this right transfers to the master (Sayyid) upon the death of the entitled person, the master inherits the right to Qisas and compensation for the estate's property. This is permissible because continuance (Istidamah) is stronger than origination (Ibtida'), thus allowing the establishment of what might not be established initially.