defective, he may then transition to an ibn labun, because he (the Prophet) said in the report: "Whoever does not have a bint makhad on the proper criteria." Furthermore, its presence is like its absence, because it is not permissible to give it, so it is similar to one who finds nothing but that with which it is not permissible to perform wudu, thus transitioning to tayammum. If he finds a bint makhad that is of a higher quality than what is legally required, an ibn labun does not suffice him because of the existence of a bint makhad that meets the criteria. He is given the choice between giving it or buying a bint makhad that meets the legal requirement. A deficiency in femininity is not compensated for by an increase in age in any other instance, nor does it suffice him to give a hiqqah (a female camel in her fourth year) instead of an ibn labun, nor a jada'ah (a female camel in her fifth year) instead of a hiqqah, whether [both are lacking] or present. The Qadi and Ibn 'Aqil said: That is permissible if both are lacking, because they are higher and superior, so the ruling is established for them by way of analogy (tanbih). Our position is that there is no textual evidence for them, and it is not valid to analogize them to an ibn labun in place of a bint makhad, because the superiority of the age of an ibn labun over a bint makhad protects it from small predatory beasts, allows it to graze on trees by itself, and to approach water, and this is not found in a hiqqah compared to a bint labun, for they both share this trait, so nothing remains but the mere age, which does not counterbalance the femininity. Their argument that it indicates the establishment of the ruling for both by way of analogy, we say: rather, it indicates the negation of the ruling for them by the implication of the address (dalil al-khitab), for specifying it by mention to the exclusion of the others is evidence of it being exclusive to the ruling to the exclusion of the others.

Section: If one gives an animal of a higher age than the required type, such as giving a bint labun (a female camel in her third year) instead of a bint makhad, or a hiqqah instead of a bint labun or a bint makhad, or gives two bint labun or two hiqqahs instead of a jada'ah, it is permissible. We know of no disagreement regarding this because he has exceeded the requirement.