Does the existence of heirs other than the master affect the application of Qisas when a slave kills a Mukatab?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 1

Open in Qurani

Primary text

Abu Hanifa ruled that if a slave kills a Mukatab who has heirs other than his master, retaliation is not applied. This is because the master held the right to compensation at the time of the injury, but the heir held the right at the time of death, and Qisas is only obligatory for the person whose right is established at both stages. The supporting evidence is the general verse, "Life for life" (Quran 5:45), and "And a slave for a slave" (Quran 2:178). Furthermore, if the killed person were a permanent slave, Qisas would be obligatory, so it should be more so if he is a Mukatab, similar to a case where the victim leaves no heir.

Supporting text

The opposing school rejects the reasoning of Abu Hanifa, considering it founded upon principles not accepted by them.