Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, said: In our view, the Sunnah regarding the offense of a slave is that if a slave injures someone, or takes away someone’s property, or cuts fruit from someone’s tree, or steals something for which his hand is not to be cut off, then the slave’s person (his neck, i.e., his freedom or slavery) becomes liable for it. The master (owner) has the choice: if he wishes, he may pay the value of those things or the blood money for the injury and keep his slave, or if he wishes, he may hand over the slave himself to the victim of the offense. The master will not be required to pay more than the value of the slave, even if the value of the thing or the blood money is more than the value of the slave.

Hazrat Umar bin Abdur Rahman bin Dalaf Muzani narrates from his father that a man from the tribe of Juhaina (Asayfa) used to go ahead of all the pilgrims and buy good and expensive camels, and he used to travel quickly, so he would reach before all the pilgrims. Once he became bankrupt and his case came before Sayyiduna Umar (may Allah be pleased with him). He (may Allah be pleased with him) said: After praise and salutations, let it be known to the people that Asayfa, who is from the tribe of Juhaina, also liked the matter of religion and trustworthiness, so that people would say about him that he reached before all the pilgrims. Be aware that he bought on credit, did not think about repayment, so he became bankrupt, and the debt overwhelmed his wealth. So whoever has a debt upon him should come to us in the morning, we will distribute his wealth among the creditors. You people should avoid taking loans; as soon as you take a loan, there is distress, and in the end, there is conflict.