Muwatta Imam Malik (Riwayat Yahya)

Saeed bin Musayyib and Sulaiman bin Yasar used to say that for a slave’s *mudihah* (wound exposing the bone), one must pay one-twentieth of his value.

Marwan bin Hakam used to rule that if a person injured a slave, he should pay the amount by which the value of the slave decreased due to that injury.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that for a slave’s wound of muwaddiha, one-twentieth of his value is to be given; for munqilah, one-tenth and one-twentieth; and for ma’mumah and ja’ifah, one-third is to be given. For other types of wounds, whatever loss occurs in his value is to be given. When the slave recovers, it will be seen what his value was before the wound and what it is now. Whatever the decrease is, that must be given.

Imam Malik, may Allah have mercy on him, said that if someone breaks the hand or foot of a slave, and then it heals, there will be no compensation. However, if some damage remains, then compensation must be given for that.

Imam Malik, may Allah have mercy on him, said that the ruling of retribution (qisas) for slaves, both male and female, is the same as for free people. If a slave intentionally kills a female slave, then the slave will also be killed. If he injures her, he will also be injured. If one slave intentionally kills another slave, then the master (mawla) of the murdered slave has the choice: he may either have the killer killed or take blood money, that is, the price of his slave. The master of the killer has the choice: he may either pay the price of the murdered slave and keep the killer with him, or he may hand over the killer; nothing more will be required. Now, when the master of the murdered slave is satisfied with the blood money and takes the killer, then he should not kill him. Similarly, if one slave cuts off the hand or foot of another slave, the ruling of retribution is the same.

Imam Malik, may Allah have mercy on him, said that if a Muslim slave injures a Jew or a Christian, then the master of the slave has the choice: either to pay the blood money or to hand over the slave. Then the slave will be sold and his blood money will be paid, but that slave cannot remain with the Jew or Christian (because it is not permissible for a Muslim to be subjugated by a disbeliever).