retaliation (qisas) upon him, so he does not take ownership of him by the pardon, just as in the case of a free man. Furthermore, when he pardons the retaliation, his right shifts to the property (mal), so it becomes like one who has committed a crime necessitating a property compensation. There is another narration that he does take ownership, because he is a slave whose destruction he was entitled to; thus, he is entitled to keep him in his ownership, like his own slave who has committed a crime against him.

Section: Abu Talib said: I heard Abu Abd Allah say: If a man orders his slave to commit a crime, he is liable for what he has committed, even if it is more than his price. If he cuts off the hand of a free man, he is liable for the blood money of the free man's hand, even if the slave's price is less. If his master orders him to wound a man, he is liable for the value of the crime, even if it is more than his price, because it was by his command. Ali and Abu Hurayrah used to say: If a man orders his slave to kill, he is merely like his whip; the master is killed, and the slave is imprisoned. Ahmad said: Bahz narrated to us, Hammad ibn Salamah narrated to us, Qatadah narrated to us, from Khilas, that Ali said: If a man orders his slave and he kills, he is merely like his whip or his sword; the master is killed, and the slave is placed in prison. This is because he caused the loss of something by his command, so the master is liable for it, just as if he had incurred a debt by his command.

Section: If he commits several crimes, one after another, the perpetrator is divided among the guardians of the crimes proportionally. This is the position of al-Hasan, Hammad, Rabi'ah, the People of Opinion (Ashab al-Ra'y), and al-Shafi'i. It is narrated from Shurayh that he said: Judgment is given to the last of them. This is also the position of al-Sha'bi and Qatadah; because it is