What is the ruling on the buyer's recourse if the slave, whose injury necessitated Qisas, is executed?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
When the injury necessitates Qisas, the buyer has the choice between returning the slave and taking the compensation amount (arsh). If Qisas is carried out, the arsh becomes definite, which is the proportional value based on the difference between the slave's value as a perpetrator and non-perpetrator, and the sale is not voided from the beginning. This is the position of the followers of Al-Shafi'i.
Supporting text
Abu Hanifa and Al-Shafi'i hold that the buyer returns the entire price because the slave's perishing happened due to a right established against the seller, making it equivalent to the seller destroying the slave. The counter-argument is that the perishing occurred in the buyer's possession due to the existing defect, so it does not necessitate returning the entire price, similar to a sick person dying from their illness or an apostate being executed for apostasy. Their analogy to destruction is flawed because the seller did not destroy the slave.