Is the absence of menstruation in a female slave a defect?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 16 · Bab 5

Open in Qurani

Primary text

The absence of menstruation is not a defect. Al-Shafi'i states it is a defect if it occurs when the slave is old enough to menstruate, because one who does not menstruate cannot conceive. The ruling is that menstruation is not implied by the contract, nor its absence; therefore, its non-occurrence is not a defect, irrespective of the reason, just as if the non-occurrence was due to causes other than age.

Supporting text

Al-Shafi'i considers the absence of menstruation a defect if it occurs in an older female slave because she will be unable to conceive.