What is the ruling on a slave's declaration regarding an act necessitating Qisas for life (homicide)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There is a narration from Ahmad that the declaration of a slave concerning homicide is not accepted. However, the general statement by Al-Kharqi, that whatever a legally restricted person declares which necessitates a Hadd penalty, Qisas, or the divorce of his wife, is binding upon him, implies acceptance. This aligns with the view of Abu Hanifa, Malik, and Al-Shafi'i. The justification for acceptance is that since his declaration necessitates Qisas, it is accepted, similar to his declaration regarding the cutting off of a limb. Moreover, since the master's declaration is not accepted against the slave regarding homicide, the slave's declaration should be accepted, similar to a Hadd offense.
Supporting text
The supporters of the opposing view argue by analogy that his declaration should not be accepted at all because it is a declaration against his master's property. They also cite suspicion, as the declaration might result from collusion where the slave confesses to avoid compensation, thus resulting in the master losing the slave's servitude. This suspicion is why the 'Aqilah (kin group) does not bear responsibility for a confession. They argue that homicide Qisas differs from limb Qisas because the slave might prefer losing his life to remaining a slave. Where acceptance of Qisas declaration is ruled, its ruling is like that established by clear evidence; thus, the victim's heir has the choice of pardon, enforcing retaliation, or accepting monetary compensation (Arsh). If pardon is granted for compensation, the Arsh attaches to the slave's person, unless the slave is deemed incapable of granting pardon for money, to prevent its use as a means to confess to monetary debts.