What is the ruling when a pledged slave commits a felony with the master's permission?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If a pledged slave commits a felony with the permission of the master, and the slave knew the felony was forbidden and did not have to obey the master in that, the ruling is the same as if the felony was committed without permission. If the slave is non-Arab or a minor who does not know the prohibition, the master is deemed the killer. The liability for retribution (Qisas) and blood money (Diyyah) falls upon the master, not by selling the slave, regardless of whether the master is wealthy or indigent, akin to the master committing the killing directly.
Supporting text
One differing view suggests the slave must be sold for the compensation if the master is indigent, based on the master directly causing the felony. However, the primary ruling holds that the slave is merely an instrument, and liability remains with the master.