pregnant with an enslaved fetus, she is assessed as an enslaved woman. This may occur if an enslaved woman becomes pregnant by her master, then he emancipates her while excluding her fetus from the emancipation. If an offense is then committed against her after she has been freed and the fetus dies, she is assessed as an enslaved woman for purposes of valuation. There is nothing objectionable in this, and it should not be said, for example, that we have made a false assumption; rather, this is done in order to determine the blood-money due for this fetus.
His statement: “If an enslaved person commits an unintentional or deliberate offense for which there is no retaliation, or an offense subject to retaliation but for which financial compensation is chosen, or if he destroys property without his master’s permission, the liability attaches to his person.”
These are four issues:
First: his statement, “If an enslaved person commits an unintentional offense.” If an enslaved person commits an offense unintentionally, there is no retaliation; rather, blood-money is due.
For example, a man owns an enslaved man, and this enslaved man intends to shoot game but strikes a person instead. This is an unintentional offense, so blood-money becomes due, and the liability attaches to his person—that is, the legal consequence of the offense attaches to the enslaved person himself.
Second: his statement, “or a deliberate offense for which there is no retaliation.” An example is where this enslaved Muslim kills a disbeliever deliberately: there is no retaliation, because the killer is superior to the victim in religion. One of the conditions for retaliation is that the killer must not be superior to the victim in religion.
Third: his statement, “or an offense subject to retaliation but for which financial compensation is chosen.” That is, all the conditions for retaliation are fulfilled, but the heirs of the slain person choose financial compensation.
Fourth: his statement, “or if he destroys property without his master’s permission.” That is, this