Ibn Abi al-Qasim al-Qayrawani: altahdhib fi aikhtisar (Discipline in the code) (d983)

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Taken from: التهذيب في اختصار المدونة [أبو سعيد ابن البراذعي]  https://shamela.ws/book/8487/1437

 

Vol2 p644

And the Prophet said: Every inheritance that was apportioned in the Jahiliyyah (1), it is according to the division of the Jahiliyyah, and every inheritance that was realized by Islam and was not divided, it is according to the division of Islam. Malik (2) said: Its meaning refers to non-people of the Book (3), such as Magians (4), Zanj, and others.

Vol3 p309

And it is not permissible to sell a wonderful slave girl on the condition of not knowing from pregnancy, there is nothing wrong with that as to selling Zinj and others if the seller for these does not mention it. Since there is no great lack of them, and it may even have increased its price for them (= if they are pregnant). But it is a risk in the wonderful, because of what it lacks (in price) if she is pregnant, and if there is an apparent [pregnancy] in it and not from the master, then it is permissible to acquit the seller. And the price of fifty for her is a good judgment, she is one to have intercourse with, and the seller is not acquitted of a defect that he knows about the slave until he names them. And he is not acquitted in others except from what he mentioned, knowing a defect or not. (5)

 

(1) refers to the Age of Ignorance, the period of time and state of affairs in pre-Islam Arabia.

(2) Iman Malic: Malik ibn Anas was an Arab Muslim jurist, theologian, and hadith traditionist. Born in the city of Medina, Malik rose to become the premier scholar of prophetic traditions in his day, he became the founder of one of the four schools of Sunni law, the Maliki.

(3) people of the Book: Jews and Christians.

(4) Magians: fire worshippers and Zarathustrianism 

(5) these two paragraphs are repeated by Ibn Yunus al-Siqali (1059AD). And Ibn Arafa (1401AD) has only the first paragraph.