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As for damage they cause to property, whether it belongs to a free person or a slave, liability attaches to their persons. The offending slave’s master may choose either to surrender him in compensation for the property he destroyed or to redeem him by paying its value, whether that value is less or more than the slave’s own value. Even if he destroys property worth a thousand mithqāls while his own value is ten dinars, his master may retain him only by paying the thousand mithqāls, unless the injured party agrees to accept less. Such an agreement is permissible if the injured party is a free person with full legal capacity or a slave authorized to trade. If, however, he is a slave restricted from managing his property or a minor under guardianship, it is permissible only with the permission of the slave’s master or the orphan’s guardian. If the injured party agrees to accept less than the slave’s value, however, this is permissible only if he is a free person with full legal capacity. When the slave is surrendered in compensation for the offence, his property goes with him.
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Liability for property destroyed by a slave attaches to his person only when that property was not entrusted to him. As for property entrusted to him by way of a loan for use, hire, safekeeping, employment, or the like, its destruction falls into two categories:
The first is that he consumes or disposes of it for his own benefit.
The second is that he damages or destroys it without deriving any benefit from it.
In the first case—for example, when he wrongfully sells a garment and spends the proceeds, consumes food itself, or does something similar—there is no disagreement that compensation is a debt owed by him, rather than a liability attached to his person.
As for property he damages or destroys without benefiting from it, Ibn al-Mājishūn said that liability attaches to his person. Ibn al-Qāsim said that it does not attach to his person but is instead a debt owed by him, because the property was entrusted to him.
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All of this differs from the ruling concerning crops and other property damaged by livestock at night, because