The blood money for the free person becomes attached to the person of the slave, then it transfers to his value, and the value of the slave becomes due from the estate of the free person, so they offset each other. If the blood money of the free person is greater than the value of the slave, the excess lapses, because it has nothing to attach to. If the value of the slave is greater, he takes the surplus from the estate of the perpetrator. In the wealth of the free person is the emancipation of a slave, and there is nothing upon the slave, because his expiation is through fasting, so it passes with his passing. If the slave dies alone, his value is a liability upon the free person, because the 'aqila does not bear the liability for a slave. If the free person dies alone, his blood money becomes attached to the person of the slave, and upon him (the slave) is the fasting of two consecutive months. If the slave dies before the blood money is satisfied, it lapses. If a third party kills him, then upon him is his value, and what was attached to his person transfers to his value, because it is his replacement and stands in his place, and it is satisfied from whoever it was due upon.
1618 - Issue: He said: (And if a descending ship falls upon an ascending one, and they both sink, then upon the descending one is the value of the ascending ship, or the indemnity for what it decreased if it is salvaged, unless the one in charge of the descending one was overcome by the wind, and was unable to control it.)
The general principle is that if two ships collide, they cannot be in one of two states. One of them is that they are equal, such as those in the sea or still water, or one of them is descending and the other is ascending. We begin with when one is descending and the other is ascending, because that is the issue in the text. This cannot be but in one of two states: One of them is that the one in charge of it is negligent, by being capable of controlling it or turning it away from the other, but failing to do so; or it was possible for him to steer it to another side, but he did not; or he did not complete its equipment in terms of ropes, men, and other things. In that case, upon the descender is the liability.
(4) In B, M: "value of the slave". (5) In B, M: "value". (1) In the original, B: "ship". (2) Omitted from: The original, B. (3) In the original: "takhul" [sic - gramatically corrected in context]. (4) In M: "yakhluwa".