Section: Anas reported that the Messenger of Allah (peace and blessings of God be upon him) forbade al-muhaqala, al-mukhadara, al-mulamasa, and al-munabadha. Al-Bukhari extracted it (7). Al-mukhadara is the sale of green crops and produce before their ripening becomes apparent, without the condition of cutting. Al-muhaqala is the sale of crops for grain of the same kind. Jabir said: Al-muhaqala is to sell the crop for one hundred farq of wheat. Al-Azhari said (8): The haql is the cultivated field, and al-hawaqil are the farms. Abu Sa'id interpreted al-muhaqala as leasing land for wheat.

760 - Issue: He said: (And likewise the sale of the fetus other than its mother, and the milk in the udder).

Its meaning is the sale of the fetus in the womb, excluding the mother. There is no disagreement regarding its invalidity. Ibn al-Mundhir said: They have reached a consensus that the sale of al-malaqih (fetuses in the womb) and al-madamin (what is in the loins of the males) is not permissible. The sale of the fetus in the womb is not permitted for two reasons: First, its uncertainty (jahala), for neither its description nor its life is known.

Second, it is not possible to deliver it, unlike the absent object (al-gha'ib), for one is able to begin the process of delivering it. Sa'id ibn al-Musayyib reported from Abu Hurayrah that the Prophet (peace and blessings of God be upon him) forbade the sale of al-madamin and al-malaqih (1). Abu Ubayd said (2): Al-malaqih are what are in the wombs, which are the embryos. And al-madamin are what are in the loins of the studs. They used to sell the fetus in its mother's womb (3), and what the stallion would beget in its year, or over years. He recited (4):

Indeed, the madamin that are in the loin Are the fluid of the stallions in the arched backs.