is forbidden. Our argument is that this is not a deficiency in her essence nor in her value, so it is not a defect, just like [lacking] a craft. We do not concede that singing is forbidden, and even if we were to concede it, the forbidden aspect is its usage, not the knowledge of it. Being left-handed (al-'asar) is not a defect; Shurayh used to allow the return of goods based on it, but our view is that it is not a deficiency, as the work performed with one hand replaces the work of the other. Unbelief (kufr) is not a defect, and this is the view of al-Shafi'i. Abu Hanifa said: It is a defect, because it is a deficiency, evidenced by the saying of Allah the Almighty: "And a believing slave is better than an idolater, even though you might like him." Our argument is that slaves may be Muslim or disbeliever, and the default state among them is unbelief; therefore, an absolute sale does not imply otherwise. The fact that a believer is better than a disbeliever does not necessitate that unbelief is a defect, just as a pious person is better than others. Allah the Almighty says: "Indeed, the most noble of you in the sight of Allah is the most righteous of you." Lack of that [piety] is not a defect. Being born of fornication is not a defect, and this is the view of al-Shafi'i. Abu Hanifa said: It is a defect in a slave girl because she is desired for intercourse, unlike the male slave. Our argument is that lineage in slaves is not an intended objective, as evidenced by the fact that they are purchased as imported, with no known lineage. The fact that a slave girl does not cook or bake well, or similar tasks, is not a defect, because this is a craft; therefore, its absence is not a defect, just like other crafts. Being unable to menstruate is not a defect. Al-Shafi'i said: It is a defect if it is due to old age, because she who does not menstruate cannot conceive. Our argument is that the absolute contract does not imply menstruation, nor its absence; therefore, its absence is not a defect, just as if it were due to a cause other than old age.

Section: If the buyer stipulates a specific, intended attribute in the item sold that is not otherwise considered a defect if missing, the stipulation is valid and it becomes an entitlement. The buyer is then granted the option of rescission (khiyar al-faskh) upon its absence, such as if he stipulates that she is a Muslim, and she turns out to be a disbeliever; or he stipulates that the slave girl is a virgin, curly-haired, a cook, or possesses...