Is being the offspring of unlawful sexual intercourse (*walad zina*) a defect?

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

Al-Mughni

Book of Sales

Book 12 · Issue 14 · Bab 5

Open in Qurani

Primary text

Being the offspring of *zina* is not a defect. This is the position of Al-Shafi'i.

Supporting text

Abu Hanifa holds that it is a defect in a female slave because she is intended for sexual relations, unlike the male slave. The counterargument is that lineage is not intended in purchased slaves, evidenced by the fact that imported slaves often have unknown parentage.