than theirs. Once this is established, the ghurrah is obligatory upon him. If he wishes to pay its equivalent in value, and the recipient is satisfied, it is permissible because it is a human right, and thus what both parties agree upon is allowed. If either party refuses to accept the substitute, they have the right to do so, because the right lies within it, and its substitute cannot be accepted except with their mutual consent. The ghurrah must be free from defects, even if the defect is minor, because it is an animal whose payment is required by religious law, so a defective one is not accepted, just like a sheep in Zakat; and because the ghurrah [must be of] prime quality, and a defective one is not prime. A decrepit one, a weak one, a hermaphrodite (khuntha), or a castrated one (khasi) is not accepted, even if its value is high, because those are considered defects. Its age is not specified, according to the apparent meaning of the words of al-Khiraqi, which is the opinion of Abu Hanifah. Al-Qadi, Abu al-Khattab, and the Shafi'i scholars said: One who is under seven years old is not accepted, because he needs someone to provide for him and care for him, and [such a child] is not considered prime. Some Shafi'i scholars mentioned that a slave boy who has reached fifteen years of age is not accepted because he does not enter upon women, nor is a twenty-year-old girl [accepted] because she changes. This is an arbitrary determination (tahakkum) not established by religious law, and thus it should not be accepted. What they mentioned regarding the need for care is invalid with regard to one who is over seven, and because his reaching the value of an adult despite his youth indicates that he is prime. No text exists to support what they mentioned, nor is there a parallel case to draw an analogy from. A mature youth is more perfect than a child in intellect and physique, more capable of taking action, and more useful in service and fulfilling needs. As for the claim that he does not enter upon women, if what is meant is strange women, there is no need for him to enter upon them. If what is meant is his mistress, then it is not correct; for Allah the Almighty said: "...let those whom your right hands possess and those among you who have not [yet] reached puberty ask your permission [at three times]..." [Sura al-Nur: 58] up to His saying: "...there is no blame upon you or upon them beyond these [times] for they are among you, circulating among you [as servants]." Then, even if he did not enter upon women,
(35) In B and M: "salimah" (sound/intact). (36) In M: "minha" (of it). This is a distortion. (37) In B and M, there is an addition: "lahu" (for him). (38) In B: "lil-khidmah" (for service). (39) Omitted from the original. (40) In M: "bila" (without). (41) Sura al-Nur: 58.