Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said that if a mukatab injures someone in such a way that blood money (diyah) becomes obligatory, then if the mukatab is able to pay the diyah along with his contract price, he should pay the diyah and remain a mukatab. If he is not able to do so, then he becomes incapable regarding his contract, because paying the diyah takes precedence over the contract. Then, when he becomes incapable of paying the diyah, his master has the choice: if he wishes, he may pay the diyah and keep the mukatab as a slave, and now he will remain his slave as before. If he wishes, he may hand over the mukatab to the person who was injured, but it is not obligatory upon the master to suffer any loss beyond handing over the slave.

Imam Malik, may Allah have mercy on him, said that if several slaves are contracted for manumission together, and then one of those slaves injures someone, all the slaves will be told to pay the blood money. If they pay, they will remain on their contract of manumission; if they do not pay, all of them will be considered incapable. If the slave who caused the injury is handed over, the remaining slaves will revert to being the master's slaves as before, because they became incapable of paying the blood money.

Imam Malik, may Allah have mercy on him, said that if a mukatab or his child who is included in the contract of manumission is injured by someone, then his blood money will be like that of slaves, and that blood money will be given to the master, and that amount will be deducted from the contract of manumission.

Imam Malik, may Allah have mercy on him, said that its explanation is as follows: If a person makes his slaves mukatab for three thousand dirhams, and receives one thousand dirhams as blood money for his wound, then now when the mukatab pays two thousand dirhams, he will be freed. If only one thousand dirhams remained due for the contract of manumission when the master received one thousand dirhams as blood money, then he will be freed. And if the master receives more dirhams as blood money than the amount remaining, then the master will take only the amount that was due and return the rest to the mukatab, and the mukatab will be freed. It is not correct that the blood money of the mukatab be handed over to him so that he may consume it and settle the account, and then if he becomes incapable, he comes back to his master crippled, lame, or disabled, because the master had given him authority over his wealth and earnings, not over the price of his children or his own blood money so that he may consume it and settle the account. Rather, the blood money of the mukatab and the blood money of his children who were born during the contract of manumission, or upon whom the contract was made, will be given to the master, and it will be counted towards the contract of manumission.