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(Book 40, Hadith 8) #36582
Responsibility of Umm Walad's Master

SUMMARY: The master of an umm walad is not responsible for any damages caused by her beyond the value of the umm walad.

Malik said in the case of an umm walad who injured someone, "The blood-money of that injury is the responsibility of her master from his property, unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done, he does not owe any more than that, even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna, when he pays her price, it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad's value because of her criminal action".

TOPICS
value  *  surrender  *  waladi  *  addam  *  qeemah  *  istislaam  *  walad  *  bloodmoney

QUICK LESSONS:
Pay for any damage caused up till its value

EXPLANATIONS:
This hadith discusses the responsibility of a master in regards to an umm walad, which is a female slave who has borne her master's child. If this umm walad causes injury to someone, then it is the responsibility of her master to pay for any damages caused by her up to the value of the umm walad. However, if these damages exceed that amount, then he does not have to pay more than what she is worth. This is because when a slave or slave girl causes injury and their masters surrender them as payment for those damages, they do not have to pay more than what they are worth even if those damages exceed that amount. Since an umm walad cannot be surrendered due to precedent set by sunna, paying her price serves as a form of surrendering her and thus no more money needs to be paid beyond that amount.

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