What is Not Permitted in the Sale of Animals

62 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade the transaction called habal al-habala. It was a transaction which the people of Jahiliyya practised. A man would buy the unborn offspring of the unborn offspring of a she-camel.

[cf Bukhari 2036]

63 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab said, " There is no usury in animals. There are three things forbidden in animals: al-madamin, al-malaqih and habal al-habala. Al-madamin is the sale of what is in the wombs of female camels. Al-malaqih is the sale of the breeding qualities of camels" (i.e. for stud).

Malik said, " No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it very recently or not so recently and was pleased enough with it to pay its price in cash."

Malik said, " That is disapproved of because the seller makes use of the price and it is not known whether or not those goods will be found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Selling Animals in Exchange for Meat

64 Yahya related to me from Malik from Zayd ibn Aslam from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah blessim and grant him peace, forbade bartering live animals for meat.

65 Yahya related to me from Malik from Da'ud ibn al-Husayn that he heard Sa'id ibn al-Musayyab say, " Part of the gambling of the people of Jahiliyya was bartering live animals for slaughtered meat, for instance, one live sheep for two slaughtered sheep."

66 Yahya related to me from Malik from Abu'z-Zinad that Sa'id ibn al-Musayyab said, " Bartering live animals for dead meat is forbidden." Abu'z-Zinad said, " I said to Sa'id ibn Musayyab, 'What do you think of a man buying an old camel for ten sheep? ' " Sa'id said, " If he buys it to slaughter it, there is no good in it."

Abu'z-Zinad added, " All the people (i.e. Companions) that I have seen forbade bartering live animals for meat."

Abu'z-Zinad said, " This used to be written in the appointment letters of governors in the time of Aban ibn 'Uthman and Hisham ibn Isma'il."

Selling Meat for Meat

67 Malik said, " It is the generally agreed-on way of doing things among us that the meat of camels, cattle, sheep and so on is not to be bartered one for one, except like for like, weight for weight, from hand to hand. There is no harm in that. If it is not weighed, then it is estimated to be like for like from hand to hand."

Malik said, " There is no harm in bartering the meat of fish for the meat of camels, cattle and sheep and so on two or more for one, from hand to hand. If delayed terms enter into the transaction, however, there is no good in it."

Malik said, " I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of one kind for some of another kind, more of one than another, from hand to hand. None of that is to be sold on delayed terms."

Selling Dogs

68 Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn 'Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Mas'ud al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, made haram the sale of a dog, the earnings of a prostitute and the earnings of a fortune-teller.

[cf Bukhari 2122 ]

By the earnings of a prostitute he meant what a woman was given for fornication. The earnings of a fortune-teller were what he was given to tell a fortune.

Malik said, " I disapprove of the selling a dog, whether it is a hunting dog or otherwise because the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale of a dog."

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