Musannaf Ibn Abi Shaybah

Hazrat Ali (may Allah be pleased with him) said that when a slave kills a free man, he should be handed over to the heirs of the murdered person; if they wish, they may kill him, and if they wish, they may let him live.

Muhammad said: I consider retribution (qisas) to be only for the heirs of the murdered person; if they wish, they may sell the slave, or if they wish, they may give him as a gift, or if they wish, they may demand retribution from him.

It is narrated from Hasan regarding a slave that if someone kills a free man and then he (the killer) is handed over to the heirs of the murdered person so that the heirs may kill him, he (Hasan) said: If they wish, they may make him a slave.

Hazrat Ata said that the slave should be handed over to the heirs of the murdered person; then if they wish, they may kill him, and if they wish, they may keep him as a slave.

Hazrat Ibn Jurayj and Ata say that if the heirs of the murdered person wish, they may kill him, and if they wish, they may make him a slave.

It is narrated from Hazrat Sha'bi regarding a slave that if someone intentionally kills a free person, then this slave should be handed over to the heirs of the murdered person; if they wish, they may kill him, and if they wish, they may make him a slave.

It is narrated from Ibrahim regarding a slave who intentionally kills a free man, that it is not permissible for the heirs to take service from him. They only have the option that if they wish, they may kill him, and if they wish, they may pardon him.