If retribution (Qisas) is due upon a slave for injury, and the victim's guardian pardons in exchange for monetary compensation (Arsh), what is the ruling regarding this compensation?
General Chapter
Al-Mughni
Book of Wounds
Primary text
If the guardian of the victim pardons the retribution against the slave in exchange for monetary compensation, this is permissible for the guardian. The required compensation (Arsh) is attached to the slave's neck (the slave's person) because it is a necessary consequence of the injury he inflicted, similar to Qisas. If the master wishes to hand the slave over to the guardian of the victim, he is not obligated to give more than that, as he has delivered what the right is attached to. If the guardian demands that the slave be sold and the proceeds given to him, the master is not obligated to comply because nothing is attached to his personal liability; the obligation attached only to the person of the slave that was delivered, thereby releasing the master.
Supporting text
There is another opinion stating that the master must sell the slave and hand over the price, similar to the obligation to sell a mortgaged item. If the master refuses to hand over the slave and chooses to ransom him instead, there are two narrations regarding whether the master is obligated to pay the slave's full value or only the Arsh of the injury.