the mukatab (slave under a contract of manumission) remains a slave as long as a single dirham of his contract remains, both regarding his crime and regarding a crime committed against him, except for Ibrahim al-Nakha'i, for he said regarding the mukatab: His blood money is paid according to what he has paid of his manumission contract as the blood money of a free person, and what remains as the blood money of a slave. Something to this effect was narrated from Ali, may Allah be pleased with him. Abu Dawud recorded in his Sunan and Imam Ahmad in his Musnad (3) that he said: Muhammad ibn Abd Allah told us, saying (4): Hisham ibn Abi Abd Allah related to us, saying: Yahya ibn Abi Kathir related to me, from Ikrimah, from Ibn Abbas, who said: The Messenger of Allah (peace and blessings of Allah be upon him) decreed regarding a mukatab who is killed that he is compensated with the blood money of a free person for what he has paid of his contract, and with the blood money of a slave for what remains. Al-Khattabi (6) said: When the Hadith is authentic, it is obligatory to act upon it, provided it is not abrogated or opposed by something that is stronger than it.
1475 - Issue; He said: (The blood money for a fetus, if it is miscarried [from a blow] (1) dead, and it was from a free Muslim woman, is a ghurrah (a slave), male or female, whose value is five camels, inherited from it, as if it had been miscarried alive.)
It is said: "ghurratun 'abdun" (a slave as a ghurrah) by describing it, or "ghurratu 'abdin" (a slave's ghurrah) by idafah (genitive construction). The description is better because ghurrah is a name for the slave himself. Muhalhil (2) said:
Every slain one among Kulayb is a ghurrah Until the killing reaches the house of Murrah (3)
In this issue, there are five sections:
(3) Recorded by Abu Dawud, in: Chapter on the Blood Money of the Mukatab, from the Book of Blood Money. Sunan Abi Dawud 2/499, 500. It was also recorded by Imam Ahmad, in: Al-Musnad 1/363, 369. It was also recorded by al-Nasa'i, in: Chapter on the Blood Money of the Mukatab, from the Book of Qasamah. Al-Mujtaba 8/41. (4) Omitted from B, M. (5) In the original: "yuwadda" (is paid as blood money). (6) Ma'alim al-Sunan 4/77. (1) Omitted from the original. (2) The rajaz verse is found in: al-Aghani 5/47, Maqayis al-Lughah 4/381, and al-Lisan and al-Taj (root G-R-R). (3) In M: "illa marrah" which is an error.
