Is the sale of one slave out of two or more slaves valid?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of one slave designated from a group of two or more slaves is invalid. This position is held by Al-Shafi'i. The reasoning is that parts whose value and essence differ cannot be sold specifically or generally, similar to the case of four items. Furthermore, a transaction that is invalid without a condition of option (khiyar) remains invalid even if the condition of option is stipulated, just as in the case of four items. Necessity does not compel this, as the option can be stipulated before the contract. Moreover, the opposing view is nullified by the case involving four items.
Supporting text
Abu Hanifa holds that the sale of one slave out of two or three is valid if the seller includes a condition of option for themselves. This is permitted because there is a need for such a transaction. However, if the group consists of more than three, the sale is invalid due to the increase in uncertainty (gharar).