Is retaliation (Qisas) applicable for injuries less than murder among slaves?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retaliation is applicable between slaves for injuries other than fatal ones (less than the self). This position is held by 'Umar ibn Abd al-Aziz, Salim, az-Zuhri, Qatadah, Malik, ash-Shafi'i, Abu Thawr, and Ibn al-Mundhir. The evidence for this is the divine decree: "And We ordained for them therein: life for life, eye for eye..." (Quran 5:45). Since Qisas for the self is applicable between them, Qisas for body parts must also be applicable, as it is the second type of retaliation.
Supporting text
A differing narration attributed to Ahmad, supported by ash-Sha'bi, an-Nakh'i, ath-Thawri, and Abu Hanifa, holds that Qisas does not apply for injuries less than death. Their reasoning is that limbs are considered property, and Qisas should not apply to property like livestock. Furthermore, they argue that equality in the injured parts is a prerequisite for Qisas, evidenced by not taking an uninjured person for one with a damaged limb, or one with full fingers for one with missing fingers, and slave limbs are inherently unequal.