from you? I want to take the blood money.” We say to the master: He has no right to prevent him from exacting retaliation, for retaliation brings satisfaction to the person who has been assaulted. He may say, “Nothing will satisfy me or remove the grief and resentment in my heart except that I cut off his hand just as he cut off mine.”
The financial loss falls upon the master. Perhaps the hand that was cut off was the right hand, and this enslaved person is a scribe; once his hand is cut off, instead of being worth ten thousand, he is worth only one thousand riyals. Yet we say: the right belongs to him, but he may not pardon without compensation; rather, his pardon must be in exchange for payment. For we have allowed him retaliation only for the sake of personal satisfaction; if he does not seek that satisfaction, then the financial value of his master’s property cannot be lost.
His statement: “or the discretionary punishment for slander.” Slander is to accuse him of fornication. Slandering an enslaved person does not entail the prescribed punishment, because one of the conditions for iḥṣān (legal inviolability in this context) is that the person be free, whereas this person is not free. Rather, it entails a discretionary punishment, so that people will not become emboldened against enslaved persons. This is why the author said, “the discretionary punishment for slander,” rather than “the prescribed punishment for slander,” because there is no prescribed punishment.
Thus, if this enslaved person is slandered, we say to him: If you wish, demand redress; and if you wish, do not. But if the master says, “The right belongs to me, because if he is slandered and does not demand redress, people will say that the accusation against him is true; and if he is described as a fornicator, his value decreases”—then, if this enslaved person says, “I waive the discretionary punishment for slander,” and the master says, “I do not waive it,” there is something problematic about this issue: namely, giving the enslaved person the choice between waiving the discretionary punishment for slander and not waiving it. The reason is that the harm does not affect him alone; rather, the harm