to covering it. This is the view of some of the followers of al-Shafi'i, [while the more apparent view from them is similar to the opinion of Ibn Hamid; because] (12) it was narrated from Abu Musa that he said upon the pulpit: ["Let me not know of"] (13) anyone who intends to buy a slave girl and looks at what is above the knees or below the navel; no one shall do that except that I will punish him. [We have already mentioned the hadith of al-Daraqutni] (14) from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet (peace and blessings of Allah be upon him) said: "If one of you marries his slave to his slave girl or his employee, he must not look at any part of his 'awrah; for that which is between the navel and the knee (15) is of the 'awrah." He means the slave girl. For the employee and the slave [do not differ by being married or otherwise,] (16) and because whoever does not have a head that is 'awrah, his chest is not 'awrah, like the man.
Section: The mukatabah (slave under a contract of manumission), the mudabbarah (slave promised freedom upon the master's death), and the one whose freedom is conditional upon a trait are like the qinn slave (permanent slave) regarding what we have mentioned; because they are slave women whose sale and manumission are permitted. As for the one who is partially freed, [there are two narrations regarding her] (17); the first is that she is like the free woman; [because she possesses a degree of freedom that requires covering, so covering is obligatory for her just as it is for the hermaphrodite (khuntha).] (18) [The second is that she is like the qinn slave,] (19) [due to the lack of complete freedom, and for that reason, she is compensated for by value; because what necessitates covering by consensus is complete freedom, and it is not found here, so the original status is the absence of obligation, and it remains as such.] (20)
Section (21): As for the ambiguous hermaphrodite (al-khuntha al-mushkil), his 'awrah is like the 'awrah of a man, likewise. It is only
(12) In the original: "So it resembles what is between the navel and the knee, and the aspect of the first is what". (13) In MS (m): "Verily, I do not know". (14) Omitted from the original. The hadith was previously mentioned on pages 285, 286. (15) In the original: "the knee". (16) In MS (m): "He shall not look at that from him, whether married or unmarried". (17) In MS (m): "It potentially has two aspects". (18) In MS (m): "As a precaution for the act of worship". (19) In MS (m): "And the second is like the slave woman". (20) Omitted from MS (m). (21) This section appeared in MS (m) as: "And the ambiguous hermaphrodite is like the man; because covering what exceeds the 'awrah of the man is a matter of speculation, so it =
