What is the required compensation if the hand of a slave is severed, and he is subsequently freed before death?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There are two opinions regarding the compensation due when the hand of a slave is severed, and he subsequently dies after being freed, or the hand of a Dhimmi (protected non-Muslim subject) is severed, and he subsequently embraces Islam before death. The primary opinion states that the full blood-money (Diyah) of a free Muslim is obligatory, payable to his heirs. The master is entitled to the lesser of either the full Diyah of a free Muslim or the lesser compensation (Arsh) for the injury itself, based on the status at the time the injury became established.
Supporting text
The opinion of Al-Qadi and Abu Bakr holds that the value of the slave at the time of the injury is obligatory, regardless of its final amount, and this compensation is paid to the master. This is because the injury at the time of its commission mandates the guarantee. However, applying this logic to the Dhimmi who embraced Islam would necessitate paying him the Diyah of a Dhimmi, which must then be given to his heirs who are now Muslims. This is considered flawed because the Diyah, whether due to the injured party or his heirs, must belong to Muslim heirs, similar to all other properties acquired after the injury, or it accrues to the heirs who are Muslims, not non-believers.