What are the necessary conditions regarding the quality and characteristics of the stipulated slave or female slave offered as Ghurra?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The Ghurra (the slave or female slave) must be sound and free from defects, even minor ones, because it is a living being obligated by divine law, and defective items are not accepted in obligations, similar to the sheep due in Zakat. A defective entity is not considered part of the 'preferred type' (al-khiyar). Specifically, an extremely old animal (harmilah), a weak one, a eunuch, or a castrated one is not accepted, regardless of how high its monetary value may be, as these constitute defects. The age of the slave or female slave is not determined by a fixed measure, according to the apparent view of Al-Kharqi and Abu Hanifa.
Supporting text
Al-Qadi, Abu Al-Khattab, and the companions of Al-Shafi'i hold that a slave under seven years of age is not acceptable because they require a guardian and caregiver, which falls outside the definition of the preferred type. Some companions of Al-Shafi'i added that a male aged fifteen or a female aged ten is also unacceptable because they cannot enter upon non-Mahram women or because their condition changes, respectively. These stipulations are rejected as arbitrary determinations without basis in the revealed law. The argument regarding the need for guardianship is invalid for those over seven. Furthermore, a young person whose value approaches that of an adult signifies that they are of the preferred type, and the ruling that a mature youth is superior in intellect, physique, utility, and service outweighs the limited concern about entering upon unrelated women, especially when considering the permissibility of interaction stated in the Quran (Quran 24:58). The color of the slave or female slave is not taken into consideration.