What is the ruling on the master's obligation to ransom the slave after selling him when the injury necessitates financial compensation or Qisas commuted to money?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the master sells the slave after the injury necessitates compensation or Qisas commuted to money, the master is obligated to ransom the slave for the lesser of his value or the amount of compensation due for the injury. The right against the slave's neck is removed by the sale because the master retains the option to either hand over the slave or ransom him. If he sells the slave, ransoming him becomes obligatory to remove the slave from his ownership. The buyer has no option to cancel (khiyar) because no harm accrues to him, as he can seek recourse against another party, provided the master is solvent (musir). This view is held by Abu Hanifa.
Supporting text
Some followers of Al-Shafi'i argue that the master is not obligated to ransom the slave, as the most the master committed to was the ransom, which is not binding, similar to a pledgor saying he will pay the debt from the pledged item. The counter-argument is that since the master’s ownership over the perpetrator has ceased, ransom becomes obligatory, like the case where the master kills the slave, distinguishing it from the case of the pledge.