Are theft, running away (*ibaq*), or wetting the bed considered defects in a young male slave who has reached the age of discretion?

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

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 5

Open in Qurani

Primary text

Theft, running away, and wetting the bed are defects in a mature male slave who has passed the age of ten. The opinion of the companions of Abu Hanifa is that this applies to one who eats and drinks separately. The justification is that a discerning boy typically avoids these actions, just as an adult does, indicating an underlying ailment or moral corruption. The limit of ten years is set because the Prophet commanded that a boy be disciplined for neglecting prayer at that age and that sleeping arrangements be separated, signifying puberty.

Supporting text

Al-Thawri and Ishaq hold that these are not defects until the boy experiences a wet dream (*ihtilam*), as legal obligations and punishments are attached upon reaching puberty.