What is the ruling regarding a slave with accumulated defects (muteness and deafness) or specific temporary conditions for expiation by freeing?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a slave has both muteness and deafness, Al-Qadi and some Shafi'is hold that the slave is invalid due to the accumulation of two defects and the loss of two class utilities. However, validity is supported because indication suffices in place of speech for comprehension, and most legal rulings apply to such an individual, making them equivalent to one who has lost the sense of smell. A slave who has lost the sense of smell is valid because it neither harms labor nor other essential functions. A sick slave whose recovery is expected (like a fever) is valid for expiation. If the ailment is not expected to cease (like tuberculosis), the slave is invalid because recovery is rare, and labor cannot be fully performed while the condition persists. For a slave with poor innate character (sū' al-khuluq), if they are able to work, it is valid; otherwise, it is not.