ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Mansur ibn Hazim who has said the following: “About the case of a man who bought a slave-girl and did sexual intercourse, abu ‘Abd Allah (a.s.), has said, Tf he found a defect, he could not return her but ask for what the defect had reduced from her price.’ I then asked, ‘Is this how Ali (a.s.), had judged?’ He (the Imam) said, ‘Yes, this is the way Ali (a.s.), had judged.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, was asked about the case of a man who buys a slave-girl, then does sexual intercourse, then finds defect in her, and he (the Imam) said, ‘She cannot be returned to her owner, but she can be evaluated as perfect and defective, and the difference of the two prices is returned to the buyer, may Allah grant protection against designating it as her wages.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
7. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban from Zurarah who has said the following: “Abu Ja‘far (a.s.), has said that Ali ibn al-Husayn (a.s.), would not return a non-pregnant slave-girl after doing sexual intercourse but he (the Imam) would deduct from her price proportionate to the cost of the defect.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
8. Humayd has narrated from al-Hassan ibn Muhammad from al-from more than one person from Aban from ‘Abd al-Rahman ibn abu ‘ Abd Allah who has said the following: “About the case of a man who buys a slave-girl, then does sexual intercourse, then finds her to be pregnant, abu ‘Abd Allah (a.s.), has said, ‘He must return her with something.’”
[1]حمل الشيخ- رحمه اللّه- الشى على نصف العشر و كذا الكسوة في الحديث الآتي. على ما يكون قيمتها ذلك. و قال المجلسيّ بعد نقل كلام الشيخ: يمكن حملها على ما إذا رضى البائع بها.ص 215
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
9. Aban has narrated from Muhammad ibn Muslim who has said the following: “About the case of a man who buys a pregnant slave-girl and does sexual intercourse with her when he did not know, abu Ja‘far (a.s.), has said, ‘He must return her and clothe her.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
10. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil ibn Darraj from certain persons of our people who has said the following: “About the case of a man who buys a slave-girl and makes her to give birth, then finds her to be stolen, abu ‘Abd Allah (a.s.), has said, ‘Her owner takes the slave-girl and the man takes the child.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from those whom he has mentioned from Zur’ah ibn Muhammad from Sama‘ah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who sells a slave-girl as virgin but she is not found virgin. He (the Imam) said, ‘He cannot return and there is nothing on him, it (virginity) may go away because of illness or something that affects it.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
12- Al-Husayn ibn Muhammad reported from As-Sayyari who said: It was narrated from Ibn Abi Layla that a man came to him claiming a slave-girl was sold to him, but he didn't find any pubic hair on her when he uncovered her, and she claimed she never had any. Ibn Abi Layla said to him, "People often deceive using such tricks until they get away with it. What is it that you disliked?". The man said, "Oh Qadhi (judge), if it is a defect, then judge for me." Ibn Abi Layla said, "Wait until I come back to you, for I feel discomfort in my stomach." Then he entered and exited through another door, and went to Muhammad Ibn Muslim al-Thaqafi and asked him, "What do you narrate from Abu Ja'far (al-Baqir) (as) about a woman not having any pubic hair? Is that a defect?". Muhammad Ibn Muslim al-Thaqafi said, “I do not know of any nass (text) about it, however, Abu Ja’far (as), would narrate from his ancestors that Rasulullah (sw) said, 'Anything that deviates from the original creation, whether it increases or decreases, is a defect.'" Ibn Abi Layla said to him, "This will suffice from you", then he returned to the people and judged in their favor regarding the defect.
[2]الركب- محركة-: موضع العانة او منبتها. و قال الخليل: هو للمرأة خاصّة.ص 215
الهوامش · 2 footnotes⌄
[١]حمل الشيخ- رحمه اللّه- الشى على نصف العشر و كذا الكسوة في الحديث الآتي. على ما يكون قيمتها ذلك. و قال المجلسيّ بعد نقل كلام الشيخ: يمكن حملها على ما إذا رضى البائع بها.
[٢]الركب- محركة-: موضع العانة او منبتها. و قال الخليل: هو للمرأة خاصّة.