Is a slave missing both ears valid for expiation by freeing?
General Chapter
Al-Mughni
Book of Zihar
Primary text
A slave missing both ears is valid for expiation. This is the view of Abu Hanifa and Shafi'i. The rationale is that cutting both ears does not cause severe, manifest harm to labor, thus it is not a bar, unlike the cutting of the hands. A slave missing the nose is also valid. A deaf slave capable of understanding through signs is valid. A mute slave whose signs are understood, and who understands signs, is also valid, according to Shafi'i and Abu Thawr.
Supporting text
Malik holds that a slave missing both ears is invalid because both organs carry a blood price (diya), thus resembling severed hands. The Companions of Reason (Ashaab al-Ra'y) view the mute slave as invalid because the utility of the class (speech) is gone, resembling one deprived of intellect. This latter view is attributed to Ahmad because muteness constitutes a significant defect preventing legal roles like judging and testimony, and most people cannot understand signs, causing harm by preventing utilization.