What is the liability if a slave dies from the progression of a wound inflicted while enslaved?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If a slave dies due to the progression (*sarayah*) of a wound inflicted while the slave was the property of the master, the full value of the slave is due to the master. This position is supported by the statement attributed to Abu Bakr, the ruling of Al-Qadi, and the position of Al-Muzani, based on the principle that the time of the initial injury is what matters.
Supporting text
The implication of the position held by Al-Khiraqi is that the full *diyah* (blood money for a free person) is due. This is the madhhab of Al-Shafi'i, based on considering the injury at the time of its final establishment. The justification provided is that the master is entitled to the lesser of either the *diyah* or the compensation (*arsh*) for the wound, and in this context, the *diyah* is the lesser amount. This reasoning is countered by the scenario where a slave loses both hands and feet and subsequently dies from the spreading of the wound; in that case, the *diyah* for a life is due, not the aggregated compensation for the limbs.