What is the ruling on compensating a master whose slave sustains a partial injury that later heals?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a master's slave sustains an injury, such as the cutting of the nose valued at one thousand dinars, and this injury heals after the master frees the slave, the full value of the slave becomes due to the master. This ruling applies whether the healing occurred before or after manumission, because the established liability that resulted from the injury was incurred while the slave was the master's property. Furthermore, if the slave dies due to the infection or progression (*sarayah*) of that original injury, the full value of the slave is due to the master, according to the statement attributed to Abu Bakr, the ruling of Al-Qadi, and the position of Al-Muzani. The basis for this is that the consideration for the injury is taken at the time the injury existed.

Supporting text

A view attributed to Imam Ahmad in the narration of Hanbal, concerning a slave whose eyes were gouged out and who subsequently died after being freed, suggests that the full value of the slave is due, not the specific compensation (*diyah*) for the injury.