What physical defects in a slave prevent their validity for expiation by freeing?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 4 · Bab 1

Open in Qurani

Primary text

A slave who is blind in one eye, has a limb severed (hand or leg), is paralyzed (shalal), is missing the thumb, index finger, or middle finger of a hand is invalid for expiation. This is because the utility of the hand is lost by the removal of these fingers. Removing the ring finger and pinky finger from one hand is also invalid because most of the utility of both hands is lost thereby. However, if a hand and a leg are each completely severed, it is valid because the utility of the palms remains. Cutting one phalanx (anmulah) of the thumb invalidates it, as its utility is lost, given it has two phalanges. If the cut is from other fingers, it does not prevent validity, as they become like short fingers; even if one phalanx is cut from every finger except the thumb, it is still valid. If two phalanges are cut from a finger, it is like cutting the entire finger, as its utility is gone. This entire delineation is the position of Shafi'i.

Supporting text

Abu Hanifa permits freeing a slave with one hand or one leg amputated, or even if both a hand and a leg are amputated from the same side (wafaq), because the utility of the type (slave labor) remains, making it sufficient for expiation, analogous to a one-eyed person. However, if both are amputated from opposite sides (wifaq), it is invalid because the utility of the thing is lost. The basis for invalidity is that such defects severely impede labor, which is given precedence over the preservation of the general utility of the class.