Is a master subject to qisas (retaliation in kind) for killing his slave?
General Chapter
Al-Mughni
Book of Wounds
Primary text
The majority of scholars hold that a master is not to be executed for killing his slave. The supporting evidence relies on the principle established previously, and specifically on the narration from 'Umar ibn al-Khattab, may Allah be pleased with him, who stated: 'If I had not heard the Messenger of Allah (peace be upon him) say, 'The slave is not to be retaliated against for his master, nor the child for his father,' I would have executed you for it.' This narration is recorded by an-Nasa'i. Furthermore, it is narrated from 'Ali, may Allah be pleased with him, that the Prophet (peace be upon him) flogged a man who killed his slave one hundred lashes, exiled him for a year, and erased his name from the Muslims' registry. A narration from Abu Bakr and 'Umar states that the one who kills his slave receives one hundred lashes and is barred from joining the Muslims.
Supporting text
An opposing view is held by an-Nakh'i and Dawud, who maintain that the master should be executed for killing his slave. They base this on the narration from Samurah, transmitted via Qatadah from al-Hasan, that the Prophet (peace be upon him) said: 'Whoever kills his slave, we kill him, and whoever mutilates him, we mutilate him.' However, this hadith is considered unproven; Ahmad stated that al-Hasan did not hear directly from Samurah, and al-Hasan himself ruled contrary to this narration by stating the free person is not killed for the slave and that the master who kills his slave is merely beaten.