The fourth opinion is that retaliation applies between slaves unless they belong to the same master. This opinion is recorded in al-Mudawwanah as the view of some authorities.
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As for slaves and free persons, retaliation does not apply between them, either for loss of life or for lesser injuries, except when a slave kills a free person, in which case he is executed in retaliation. It has also been said that wounds are treated like killing.
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Offences committed by slaves fall into three categories:
First: offences against other slaves.
Second: offences against free persons.
Third: offences against property.
According to Mālik’s position that retaliation applies between slaves both for loss of life and for lesser injuries, their offences against other slaves fall into two categories:
First: accidental killing or wounding, or deliberate injuries for which retaliation cannot be exacted, either because it would endanger life or because an equivalent injury cannot be inflicted.
Second: deliberate killing or deliberate wounds for which retaliation can be exacted without endangering life.
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As for the first category—where one slave accidentally kills another, or wounds him accidentally or deliberately in a manner that does not entail retaliation—the offending slave’s master may either surrender him for his offence or redeem him by paying the value of the slain slave or the amount by which the wound has diminished the injured slave’s value. If the wound does not diminish his value at all, nothing is payable, except in the case of a munaqqilah (a fracture that dislodges bone fragments), a ma’mūmah (a wound penetrating the skull to the brain), or a jā’ifah (a wound penetrating the body cavity). For a ma’mūmah or jā’ifah, he redeems him by paying one-third of the wounded slave’s value; for a munaqqilah, one-tenth plus one-twentieth of his value, if the wound heals without disfigurement. If it heals with disfigurement that diminishes his value, he redeems him by paying the amount by which the wound has diminished his value