What is the liability for damages caused by a wrongfully seized slave who commits a capital offense?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a wrongfully seized slave commits a capital offense for which retaliation (Qisas) is executed, the liability for compensation falls upon the usurper (Ghassib). If pardon is granted in exchange for monetary compensation, this liability attaches to the slave's neck, and the usurper is liable for this amount because the defect (damage) occurred while the slave was in his possession. The usurper must pay the lesser of the slave's value or the indemnity (Arsh) for the offense, similar to how the master redeems the slave. If the slave causes an injury less than death, such as losing a hand in retaliation for a hand injury, the usurper is liable only for the reduction in the slave's value due to the injury, not the specific indemnity (Arsh) for the lost hand, because the hand was lost due to an action not guaranteed by the usurper, resembling an accidental loss.

Supporting text

If pardon is granted for a non-fatal injury, the indemnity for the lost hand attaches to the slave's neck, and the usurper is liable for the lesser of the slave's value or the indemnity of the hand. If the slave's offense exceeds his value and the slave subsequently dies, the usurper owes the slave's value to the rightful owner. The indemnity for the offense then attaches to that compensation amount.