Ibn Umar reported that the Prophet (peace and blessings of God be upon him) forbade the sale of al-majr (5). Ibn al-A'rabi said: Al-majr is what is in the womb of the she-camel. Al-majr is usury. Al-majr is gambling. Al-majr is al-muhaqala and al-muzabana.
Section: Ibn Umar reported from the Prophet (peace and blessings of God be upon him) that he forbade the sale (6) of habal al-habala (the fetus of the fetus). It is agreed upon (7). Its meaning is the offspring of the offspring. Abu Ubayd said this (8). It is reported from Ibn Umar that he said: The people of the Jahiliyyah used to trade the meat of a slaughtered camel until the time of habal al-habala. Habal al-habala is for the she-camel to give birth, and then the one that was born becomes pregnant, so the Prophet (peace and blessings of God be upon him) forbade them. Muslim reported it (9). Both sales are invalid; as for the first, it is because it is the sale of something non-existent, and if the sale of the fetus is not permitted, then the sale of its fetus is even less so. As for the second, it is because it is a sale for an unknown duration.
Section: It is not permitted to sell milk in the udder. Al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y) held this view. Ibn Abbas and Abu Hurayrah forbade it. Tawus and Mujahid deemed it disliked. It was narrated from Malik that it is permissible for a known number of days, if they both know its milking, for the purpose of breastfeeding an infant, like the milk of a wet nurse.
(5) Extracted by al-Bayhaqi, in: The Chapter on the Prohibition of Selling Habal al-Habala, from the Book of Sales. Al-Sunan al-Kubra 5/341. (6) Omitted from: The Original. (7) Extracted by al-Bukhari, in: The Chapter on the Sale of Gharar and Habal al-Habala, from the Book of Sales; and in: The Chapter on the Salam until the she-camel gives birth, from the Book of Salam; and in: The Chapter on the Days of Jahiliyyah, from the Book of the Virtues of the Ansar. Sahih al-Bukhari 3/91, 114, 5/54. And Muslim, in: The Chapter on the Prohibition of Selling Habal al-Habala, from the Book of Sales. Sahih Muslim 3/1153. It was also extracted by Abu Dawud, in: The Chapter on the Sale of Gharar, from the Book of Sales. Sunan Abi Dawud 2/229. And al-Tirmidhi, in: The Chapter on what has been narrated regarding the sale of habal al-habala, from the Chapters on Sales. 'Aridat al-Ahwadhi 5/236. And al-Nasa'i, in: The Chapter on the sale of habal al-habala, and the chapter on its interpretation, from the Book of Sales. Al-Mujtaba 7/257, 258. And Ibn Majah, in: The Chapter on the prohibition of buying what is in the wombs of livestock, their udders, and the catch of the diver, from the Book of Trade. Sunan Ibn Majah 2/740. And Imam Malik, in: The Chapter on what is not permissible regarding the sale of animals, from the Book of Sales. Al-Muwatta 2/653. And Imam Ahmad, in: Al-Musnad 1/56, 2/5, 11, 15, 63, 76, 80, 108, 144, 155. (8) In Gharib al-Hadith 1/208. (9) In: The Chapter on the Prohibition of Selling Habal al-Habala, from the Book of Sales. Sahih Muslim 3/1154.
