retaliation is not mandatory upon her. This is the opinion of Abu Yusuf. Al-Shafi'i said: She is liable for the blood money (diyah) because she becomes free. And likewise, she is liable for the requirement of her offense, and what is obligatory upon a free person for killing a free person is his blood money. Our argument is that it is an offense by an umm al-walad, so no more than her value is mandatory for it, just as if she committed an offense against a stranger. Also, the consideration of the offense regarding the perpetrator is based on the state at the time of the offense, evidenced by the case of an offense against a slave whose master then manumits him; she is a slave at the time of the offense, for she only attained freedom through the death resulting from the offense. Therefore, she must pay the ransom for herself equal to her value, just as her master would ransom her if she killed someone else. Furthermore, she is deficient due to slavery, so she resembles a regular slave and differs from a free person, for he commits an offense while he is complete. The requirement of the offense became attached to her because she caused the loss of her own slavery by killing her master, which resembles the case of a mukatab (a slave in a manumission contract) who causes the loss of his slavery through his payment. As for if she kills her master intentionally and he does not have a child from her, then retaliation is mandatory upon her for the heirs of her master. If he does have a child from her, and he is the sole heir, then there is no retaliation upon her, because if it were mandatory, it would be mandatory for her child, and retaliation is not mandatory for a child against his mother. Ahmad, may Allah be pleased with him, paused on this issue in the narration of Muhanna and said: "Leave us from these issues." The reasoning of his school of thought is what we have mentioned. If she has a child from him, and he has other children from other than her, retaliation is also not mandatory, because the right of her child to retaliation drops, and thus it all drops. Muhanna narrated from Ahmad, may Allah be pleased with him, that his children from others may execute her. This narration contradicts the principles of his school. The correct view is that there is no retaliation upon her, and she is liable for the ransom of herself equal to her value, just as if some of those entitled to retaliation pardoned their right from it. And Allah knows best. [And praise be to Allah alone].
The Sheikh, the author of this book, said [may Allah grant him the best reward], and may He benefit us through him, increase his reward, grant him the Highest Paradise through His grace and generosity, and gather us and him in the abode of His honor: This is the end of the book, and praise be to Allah, the Mighty, the Bestower {There is no god but He, upon Him I have relied, and to Him is my return}.
(1) In B and M: "li-dhalika" (and for that). (2) In M: "diyah" (blood money). (3) In M: "laha minhu" (to him from her). (4) Omitted from A. In M after it: "And may Allah bless Muhammad." The following closing did not appear in it. (5) In B: "Radiya Allahu 'anhu" (May Allah be pleased with him). (6) Surah Ar-Ra'd 30.