Who is liable for damages caused by a wrongfully seized slave?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The usurper (Ghasib) is liable for any damage caused by a wrongfully seized slave. This liability stems from the defect caused to the slave's person, as the compensation for the injury (arsh) relates to the slave's ownership. Therefore, the usurper is responsible for this defect, similar to any other defect incurred by the seized property. This rule applies whether the injury necessitates retaliation (Qisas) or monetary compensation (Mal). The usurper's liability is limited to the extent of the defect that afflicts the slave.