What is the liability when a usurper mutilates a slave?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a usurper mutilates a slave by cutting off his ears, hands, penis, nose, tongue, or testicles, the full value of the slave must be paid by the mutilator, and the slave is returned to the original owner. This opinion is explicitly stated by Ahmad, and it is the position held by Malik and Al-Shafi'i.
Supporting text
Abu Hanifa and Al-Thawri hold that the original owner has the choice: either to accept the slave as is with no compensation, or to take the full value, in which case ownership transfers to the mutilator. They argue this is a guarantee of property, and the owner's right cannot remain over the property while the mutilator guarantees its full value, similar to other financial assets.