Is a free person killed by a slave subject to Qisas (retribution)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
A free person is not killed in retaliation for a slave. This position is narrated from Abu Bakr, Umar, Ali, Zayd, and Ibn al-Zubayr, may Allah be pleased with them. It is also the view held by Al-Hasan, 'Ata', Umar ibn 'Abd al-'Aziz, 'Ikrimah, 'Amr ibn Dinar, Malik, Al-Shafi'i, Ishaq, and Abu Thawr. The reasoning supporting the view that a free person is killed for a slave rests upon the general scope of Quranic verses and traditions, specifically the Prophet's statement: "The blood of believers are equal." Furthermore, the slave is a protected human being, thus resembling a free person.
Supporting text
The opposing view, narrated from Sa'id ibn al-Musayyab, Al-Nakha'i, Qatadah, Al-Thawri, and the People of Opinion (Ashab al-Ra'y), dictates that a free person is killed for a slave based on the general evidences. Furthermore, it is argued that just as a limb of a free person is not removed for the corresponding limb of a slave when both are healthy, a free person should not be killed for a slave. Moreover, since the slave is deficient due to his servitude, he cannot mandate the death of a free person, analogous to a mukatab (a slave contracted for freedom) who acquires assets sufficient for his manumission. General rulings are understood to be specific exceptions based on this principle, and we apply analogy accordingly.