Is being an unbeliever (*kufr*) a defect in a slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Infidelity is not a defect. This is the view of Al-Shafi'i. Abu Hanifa holds that it is a defect, citing the verse: "A believing slave is better than a polytheist, even if he pleases you" (Quran 2:221). However, slaves are commonly found to be Muslims or unbelievers, and the default assumption upon their sale does not preclude unbelief. The superiority of a believer over an unbeliever does not render unbelief a defect, just as piety makes one superior, but lack of piety is not a defect (Quran 49:13).