Is the absence of circumcision (*khitan*) a defect in a male slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The absence of circumcision is not a defect in a young male slave because the proper time for it has not passed. It is also not a defect in an adult female slave. This is the view of Al-Shafi'i.
Supporting text
The companions of Abu Hanifa maintain that it is a defect in the female slave because it causes additional pain, resembling the case of the male slave. However, circumcision is not obligatory for females, and the pain involved is minor and not life-threatening, unlike for an adult male. If the adult male slave was imported from non-Muslim lands, it is not a defect because their custom is not to circumcise, making it known to the buyer, like their religious affiliation. If he was born to Muslim parents, it is a defect because it carries risk and is contrary to custom.