Buying Slaves, Finding Defects, Returnable and Non-Returnable

1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from ibn Mahbub from Malik ibn ‘ Atiyyah from Dawud ibn Farqad who has said the following: “This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a slave- girl who is well aware but does not experience Hayd (menses) for six month now with him and she is not pregnant. He (the Imam) said, Tf others similar to her experience and it is not because of old age, it is a defect, because of which she can be returned.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Ibn Mahbub has narrated from ibn Sinan who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who buys a pregnant slave-girl and does not know that she is pregnant so he does sexual intercourse. He (the Imam) said, ‘He must return to the one from whom he has purchased and he must return half of one-tenth of her price because of sexual intercourse. Ali (a.s.), has said, ‘A non- pregnant cannot be returned after the owner does sexual intercourse but proportionate to the defect her price is reduced if there is any defect in her.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil ibn Salih from ‘Abd al-Malik ibn ‘Umayr who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘A non-pregnant slave-girl, after the owner does sexual intercourse cannot be returned but he can demand for loss because of defect. A pregnant one must be returned with half of one-tenth of her price.’” In another Hadith it is said that if she is virgin it is one- tenth of her price and if she is not virgin, it is half of one-tenth of her price.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Talhah ibn Zayd who has said the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin, in the case of a man who bought a slave-girl and did sexual intercourse with her, then found defect in her, issued a judgment that said, ‘She must be evaluated as perfect as well as defective; then the seller must refund the difference of the two prices to the buyer.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

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.

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

13. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from abu ‘Abd Allah, al-Farra’ from Hariz from Zurarah who has said the following: “I once asked abu Ja’far (a.s.), about the case of a man who buys a slave-girl from the market and makes her to give birth. Then a man comes with proof that she is his slave-girl who is not sold or given as gift to anyone. He (the Imam) said, ’He must return his slave-girl to him along with the benefits he has received from her.’ As if it means, it is the cost of the child.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

14. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus who has narrated the following: “In the case of a man who buys a slave-girl that she is said to be a virgin but he does not find her to be as such, he (the Imam) (a.s.), said, ’He (the seller) must return the difference of the price if he can verify that what he says is true.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

16. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from Ali ibn Asbat who has said the following: “I once heard al-Rida’ (a.s.), saying, ‘The choice to revoke a contract of sale in the case of animals is for three days in favor of the buyer and in non-animal it is as long as they have not departed each other. The happenings of the year are returned after the year.’ I asked, ‘What is happening of the year?’ He (the Imam) said, ‘They are madness and leprosy, Bars (leprosy), and al-Qarn. One who buys and some of these things happen, then the rule is that it is returned to the owner up until the end of the year from the day of purchase.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

17. Muhammad ibn Yahya and others have narrated from Ahmad ibn Muhammad from abu Hammam who has said the following: “I once heard al-Rida’ (a.s.), saying, ‘Slaves, because of the happenings of the year are returned, such as madness, leprosy and Bars (leprosy).’ We then asked, ‘How is the return because of the happenings of the year?’ He (the Imam) said, ‘This is the beginning of the year. If you buy a slave with any of these things up to the month of Dhu al-Hajjah you can return to the owner.’ Muhammad ibn Ali then asked, ‘Are runaway slaves subject to this condition?’ He (the Imam) said, ‘Runaway is not so treated, unless proof is presented that he was a runaway with the owner.’ It is narrated from Yunus also that the time for return in the case of madness, leprosy and Bars (leprosy) is one year. Al- Washsha’ has narrated that time for returning due to madness alone is one year.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

15. A number of our people have narrated from Sahl ibn Ziyad from ibn Faddal who has said the following: “Abu al-Hassan, al-Rida’ (a.s.), has said, ‘A slave-girl can be returned because of four issues: Madness, leprosy, Bars (leprosy), al-Qarn (something in the vagina that prevents sexual intercourse) and al-Hadbah (convexity) which makes the chest go in and the back come out.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.