Must the virginity or marital status (thibubah) of a female slave be specified?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The virginity or marital status of a female slave does not need to be mentioned unless the price is clearly and significantly affected by this distinction. Similarly, physical attributes like curly or straight hair do not require specification if they do not cause a discernible difference in price, similar to general attributes of beauty or attractiveness. However, if virginity or prior marriage is mentioned, the stipulator is bound by that specification.
Supporting text
Virginity and prior marriage must be mentioned because the price is affected thereby and the purpose of the contract is tied to these states.