Whom may the owner hold liable for damages when a usurped slave suffers amputation?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
When an individual usurps a slave, and another person subsequently amputates the slave's hand, the owner has the choice to hold either the usurper or the perpetrator of the injury liable for full compensation (tadmin). This choice arises because the perpetrator caused the physical damage, and the usurper possessed the damaged item. If the owner chooses to hold the perpetrator liable, the perpetrator is liable only for half the slave's value, and neither party can seek recourse against the other, as the perpetrator has not guaranteed more than what was incumbent upon him. If the damage exceeds half the value, the usurper is liable for the excess value exceeding half, without recourse to anyone, under the condition that liability for usurpation is equivalent to liability for the injury itself, or if the decrease in value is not more than half.
Supporting text
If the ruling is that liability for usurpation is merely for the value lost, the owner may hold the usurper liable for the greater of the two amounts (full value or half value plus the remaining loss). The usurper then recoups half the value from the perpetrator, as this represents the compensation for the perpetrator's injury, and the perpetrator is not obligated to pay more than that.