the slave must have reached ten years of age; they stated this without qualification (1).
It may be argued that the age should be set at ten years for males and nine for females, since a nine-year-old girl may conceive and a ten-year-old boy may father a child, whereas below that age there is no possibility of conception.
Some jurists said that the criterion is puberty, because before then the person is not legally accountable.
However, the view closest to the truth is that it should be set at ten years for males and nine years for females. Below that age, one should consider whether this condition persists: if it does, then it is a defect; but if it occurred only once, it is not a defect, because this is common among small children.
His statement, “and his theft”: that is, that he is a thief. This is an instance of attributing the verbal noun to its doer. Thus, if it becomes apparent that he steals, this is regarded as a defect.
The apparent meaning of their words is that this applies even if it happened only once, because it must tarnish him, even if he repents from theft and fornication. People still retain some reservation about such matters. The issue is not based on his religious uprightness, such that one might say that, if he repents, his immorality has been removed. Rather, the matter returns to customary practice: if people consider his fornication or theft to reduce his value, then it is a defect.
His statement, “and his running away”: that is, his escape. Whether this running away is unrestricted, meaning that he absents himself for days, or whether it is temporary, such as when he goes out