For the reliable scholars of hadith transmitted the hadith and said: 'He emancipated a slave-girl.' The chain of transmission is one [and the same], as stated by Abu Bakr. The validity [of an exclusion] in emancipation does not necessitate its validity in a sale, because emancipation is not prevented by ambiguity or the inability to deliver, nor are the conditions of sale considered in it.

Section: If one sells a pregnant slave-girl while pregnant with a free person, the judge [al-Qadi] said: 'It is not valid.' This is the school of al-Shafi'i, because [the fetus] does not enter into the sale, so it is as if it were excluded. The more correct [view] is that it is valid, because the item sold is known, and the ambiguity of the pregnancy does not cause harm in the sense that it is neither an item sold nor an item excluded by wording. The Shari'a may exclude that which cannot be validly excluded by wording, just as if one sold a married slave-girl, it is valid, and the benefit of sexual access (bud') occurs as excluded by Shari'a. If he had excluded it by wording, it would not be permissible. If he sold land containing crops belonging to the seller, or a pollinated palm tree, its benefit would occur as excluded for the duration of the existence of the crop and the fruit. If he had excluded it by his [own] speech, it would not be permissible.

Section: If one sold a house except for a cubit, and both know the dimensions of the house, it is permissible, and he is considered to have excluded an undivided share of it, because it is a known part that can be validly isolated in a sale, so its exclusion is permissible, like a third or a quarter of it. If they do not know [the dimensions], it is not permissible, because it is an unknown [amount] that cannot be isolated in a sale, and because he excluded a known quantity from an item known through observation, so it is not permissible, like excluding a sa' from the fruit of an orchard, or a qafiz from a heap. The ruling is the same if he sold a farm except for a jarib, so whenever the jaribs of the farm are known, it is valid, otherwise it is not.

Section: If one sold sesame and excluded the residue (kusb), it is not permissible, because in reality he sold the sesame oil (shayraj). It is not known, as it is neither specified nor described, and because the Prophet (may Allah bless him and grant him peace) prohibited thunya (exclusion) unless it is known. Likewise, if he sold cotton and excluded the seeds, it is not permissible due to the ambiguity of that, and because the excluded part is not known. If he sold the sesame and excluded the sesame oil, it is not permissible for the same reason.