What is the ruling when a slave, unaware of the severity of killing, commits murder upon the master's order?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the slave is unaware of the danger of killing, this constitutes a misconception regarding its permissibility (shubhah), which prevents the application of Qisas against the slave, similar to one who shoots at what he thinks is game but turns out to be a human. The wisdom behind Qisas, which is deterrence, is not achieved against one who believes the act is permissible. Since Qisas is not incumbent upon the slave, it falls upon the master, as the slave is merely an instrument of the master, and thus the originator of the cause bears the liability, just as if a snake, dog, or a lion in a pit caused the death. This differs from the situation where the slave knows the risk, in which case Qisas is upon the slave because it is possible to apply it to him as the direct perpetrator, thus severing the ruling on the commander; the master is liable only for disciplinary punishment for causing the death.