Is the patron responsible for paying blood money (Diyya) for his freed slave?

Chapter on Inheritance of Wala'

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 2

Open in Qurani

Primary text

The patron is not responsible for paying the blood money for his freed slave. The responsibility for blood money rests upon the 'Asabat (male agnatic relatives). The argument that the patron should pay because the master bestowed a favor upon the slave is unfounded. This principle is contradicted by the fact that the 'Asabat pay blood money for others upon whom they bestowed no such favor, and by analogy with someone who pays another's debt—payment occurs, but blood money responsibility does not follow.

Supporting text

Al-Shafi'i, in his older opinion (al-Qadim), maintained that the patron is liable for the blood money because he was the one who conferred the favor (manumission) upon the slave, justifying the requirement for him to guarantee payment.