the equality of their value. If their values differ, retaliation is not applied between them. It is appropriate that this be restricted to cases where the value of the killer is greater; if it is less, then it is not. This is the view of 'Ata'. Ibn 'Abbas said: "There is no retaliation between slaves, neither in life nor in injury, because they are property." Our argument is that Allah, the Exalted, said: "O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave" (16). This is a textual evidence from the Book, so it is not permissible to disagree with it. Furthermore, the disparity in value is like the disparity in signs and virtues, so it does not prevent retaliation, just as it does not [prevent it based on] knowledge, nobility, or being male or female.

Section: Retaliation is applied between them in cases other than life. This was the view of 'Umar ibn 'Abd al-'Aziz, Salim, al-Zuhri, Qatadah, Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. Another narration from Ahmad states that retaliation is not applied between them in cases other than life. This is the view of al-Sha'bi, al-Nakha'i, al-Thawri, and Abu Hanifah, because limbs are property, so retaliation is not applied therein, like livestock. [They also argue] that equality in limbs is considered for the implementation of retaliation, evidenced by the fact that we do not take a sound limb for a paralyzed one, nor a full-fingered hand for one with missing fingers, and the limbs of slaves are not equal. Our argument is the saying of Allah, the Exalted: "And We ordained for them therein a life for a life, an eye for an eye" (19) to the end of the verse, and because it is one of the two types of retaliation, it is applied between slaves, just like retaliation in life.

Section: When retaliation becomes due for a limb of a slave, it becomes due to the slave, and he has the right to exact it or pardon it.

Section (20): If a slave kills a slave, and then the killer is emancipated, he is killed in retaliation for him. Likewise, if a slave wounds