What is the ruling when a master's mortgaged slave injures another slave belonging to the same master who is also mortgaged, and the injuring slave is held by the same creditor (mortgagee) as the injured slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the injury warrants Qisas, the master has the right to Qisas. If the master exacts Qisas, the mortgage on the injured slave is voided, and the master owes the creditor the value of the injured slave. If the master accepts financial compensation (Diyya) or if the injury only mandates financial compensation, and both slaves are mortgaged for a single debt, the injury is rendered without legal consequence (hudar). This is because the right is tied to both slaves; if one is destroyed, the right remains attached to the other.
Supporting text
If each slave is mortgaged for a separate, distinct debt, there are four scenarios considered. Generally, the injury is considered hudar, regardless of whether the two debts are of different types (e.g., Dinars versus Dirhams) or the same type. If the debt of the injuring slave is greater than the debt secured by the injured slave, the injured slave's debt is not transferred to the injuring slave due to lack of purpose. If the debt of the injured slave is greater, it is transferred to the injuring slave because the creditor has interest in this transfer.