Muwatta
Malik

موطأ مالك

37

Wills and Testaments

كتاب الوصية

 

Chapter 9: About Damages and Injuries Caused by Slaves

Muwatta Malik 1564

Yahya said that he heard Malik say, "The sunnah with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."