If the guardian pardons the execution (Qisas) against a slave in order to take ownership of the slave's person, what is the ruling on the guardian obtaining ownership?
General Chapter
Al-Mughni
Book of Wounds
Primary text
There are two narrations concerning the guardian pardoning Qisas to gain ownership of the slave. The first narration holds that the guardian owns the slave thereby, because the guardian has the right to destroy the slave, thus ownership is established, just like his other possessions. The second narration states that the guardian does not gain ownership because the slave is the subject upon which Qisas was established, and ownership is not gained by pardoning this, unlike a free person.
Supporting text
According to the second narration, the Arsh of the injury remains attached to the slave's neck, just as if the pardon had been in exchange for money, because the consideration for which the pardon was made is invalid for the guardian, so he is entitled to its substitute, as in invalid contracts.