the milk of a wet nurse. It was permitted by al-Hasan, Sa'id ibn Jubayr, and Muhammad ibn Maslamah. Our evidence is what Ibn Abbas reported, that the Messenger of God (peace and blessings of God be upon him) forbade the sale of wool on the back (of an animal), or milk in the udder. Al-Khallal reported it (10). Furthermore, it is unknown in quality and quantity, so it is analogous to the fetus; for it is the sale of an entity that has not yet been created, and thus is not permitted, like the sale of what a she-camel will carry, as custom regarding this varies. As for the milk of a wet nurse, it was permitted only for the sake of fosterage (hadana), as it is a matter of necessity.
Section: There is a difference of opinion regarding the sale of wool on the back of an animal. It was narrated that it is not permitted to sell it, due to the hadith we mentioned, and because it is attached to the animal, so it is not permitted to isolate it in a contract, similar to its limbs. It was also narrated from him that it is permitted on the condition of shearing it immediately; because it is known and can be handed over, so its sale is permitted, like alfalfa. It differs from limbs, as limbs cannot be handed over while keeping the animal sound. The disagreement regarding this is like the disagreement regarding milk in the udder. If one purchases it on the condition of cutting it, but then leaves it until it grows long, its ruling is the same as the ruling for alfalfa if one buys it and leaves it until it grows long.
Section: It is not permitted to sell that whose qualities are unknown, such as musk in the musk-pod, which is the container it is in. The poet said: If the Indian merchant arrives with a musk-pod, it runs along their hair partings. If he opens it and sees what is inside, its sale is permitted; but if he does not see it, its sale is not permitted due to uncertainty (jahalah). Some Shafi'is said: It is permitted, because keeping it in its pod is beneficial for it, as it preserves its moisture and the sharpness of its fragrance, so it is analogous to that whose food is in its belly. Our position is that it remains outside its container without any harm (11), and its scent remains, so it is not permitted to sell it while hidden, like a pearl in its shell. As for...
(10) And al-Bayhaqi, in: The Chapter on what has been narrated regarding the prohibition of selling wool on the backs of sheep..., from the Book of Sales. Al-Sunan al-Kubra 5/340. And Ibn Abi Shaybah, in: The Chapter on the sale of milk in udders, from the Book of Sales. Al-Musannaf 6/533. (11) In the original: "darurah" (necessity).