Is adultery (*zina*) or bad breath a defect in a male or female slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Adultery and bad breath are defects in both male and female slaves. This is the position of Al-Shafi'i. The reasoning is that adultery exposes the slave to prescribed punishment (*hadd*) or disciplinary action (*ta'zir*), and the master cannot trust such a slave with his family. Bad breath causes offense to the master, associates, and confidantes. This invalidates the position of Abu Hanifa regarding the male slave, who stated it is not a defect in him because he is not primarily intended for sexual relations (*firash*), unlike the female slave.
Supporting text
Abu Hanifa holds that adultery and bad breath are not defects in a male slave because he is not intended for sexual relations, unlike the female slave.