Is retaliation (Qisas) applicable for the killing of a slave?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retaliation in life (Qisas for murder) is applicable between slaves. This is the view held by the majority of scholars, including Umar ibn Abd al-Aziz, Salim, an-Nakh'i, ash-Sha'bi, az-Zuhri, Qatadah, ath-Thawri, Malik, ash-Shafi'i, and Abu Hanifa. The evidence for this ruling is the explicit text of the Quran stating: "O you who have believed, prescribed for you is retribution for [those killed]: the free for the free, and the slave for the slave." (Quran 2:178). Differences in value do not prevent Qisas, just as differences in knowledge, honor, or gender do not prevent it.
Supporting text
A narration from Ahmad suggests that Qisas requires equality in value, and if values differ, Qisas is not carried out. 'Ata holds a related view, suggesting this restriction applies only if the killer slave's value is higher; if lower, Qisas is carried out.