usually avoids this, just as an adult does; therefore, its presence in him in such a condition indicates that the urination is due to an internal illness, and that the theft and running away are due to a corruption in his nature. This was delimited by the age of ten, based on the Prophet's (peace and blessings of Allah be upon him) command to discipline a child for abandoning prayer at that age, and to separate them in their beds upon reaching that age. As for those younger than that, these actions occur from them due to the weakness of their intellect and lack of stability. The same applies if the slave drinks alcohol, or becomes intoxicated from nabidh (date wine). Ahmad has explicitly stated this, because it necessitates the prescribed punishment (hadd) for him, so he is like the one who commits fornication. The same applies to severe foolishness and being overbearing toward people, because he needs discipline, and it may recur, leading to his destruction. It is not considered a defect except in the adult, not the young child, because it is attributed to his [own] action. Failure to be circumcised is not a defect in a young child because its time has not yet passed, nor is it [a defect] in an adult slave girl. This is the view of al-Shafi'i. The companions of Abu Hanifa said: It is a defect in her, because it is an additional pain, so she resembles the male slave. Our argument is that it is not obligatory in her case, and the pain involved is minor with no fear of destruction, unlike the adult male slave. As for the adult male slave, if he was brought from the lands of the disbelievers, then that is not a defect in him, because the custom is that they do not circumcise, so this became known to the buyer, and it is like their religion. But if he is a locally born Muslim, then it is a defect in him, because it is feared that he will be harmed by it, and it is contrary to custom.

Section: Non-virginity (thuyuba) is not a defect, because non-virginity is the common state among slave girls, so an absolute sale does not imply otherwise. Being forbidden to the purchaser through lineage or breastfeeding is not a defect, as there is nothing in the subject matter that necessitates a flaw in monetary value, nor a deficiency; rather, the prohibition is specific to him. The same applies to ihram and fasting, because they will soon cease. This is the view of Abu Hanifa and al-Shafi'i, and we do not know of any dissenter for them. The same applies to the waiting period ('idda) of a woman who is revocably divorced (ba'in). As for the waiting period of a revocably divorced woman (raj'iyya), it is a defect, because the revocably divorced woman is still a wife, and it cannot be guaranteed that he will not take her back. Knowledge of singing and cupping is not a defect. It was narrated from Malik, regarding a singing slave girl, that it is a defect in her, because singing...