Is the declaration of a slave regarding offenses punishable by Hadd (prescribed penalty) other than theft, or Qisas for injuries less than homicide, accepted?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The declaration of a slave concerning offenses punishable by a prescribed penalty (Hadd), excluding theft, or concerning Qisas for injuries less than homicide, is accepted. This is the view of Abu Hanifa, Malik, and Al-Shafi'i. The evidence supporting this is the report that Ali (may Allah be pleased with him) cut off the hand of a slave based on his declaration of theft, and flogged a slave who confessed to Zina (fornication) to half the prescribed Hadd. There is no recorded opposition from the Companions, indicating consensus (Ijma). Furthermore, what the master's declaration is not accepted regarding the slave, the slave's declaration is accepted, as with divorce. Since the slave is less suspected in these matters because the harm is more specific to him and he feels the pain most directly, his declaration is accepted, similar to a wife's confession.
Supporting text
Zufar, Dawud, Al-Muzani, and Jarir held that it is not accepted because it waives the master's right, similar to declaring accidental injury. The analogy to accidental injury is departed from because the master's declaration regarding accidental injury is accepted, and the slave is not harmed by that type of declaration.