As for what is eaten within its belly, removing it leads to its destruction. The details regarding its sale together with its container are the same as the details regarding the sale of ghee within its vessel. Among such cases are eggs in a hen and pits in dates; it is not permissible to sell either of them due to the uncertainty (jahalah) regarding them. We are not aware of any disagreement on this matter.

Section: As for the sale and purchase by a blind person, if it is possible for him to know the object of sale—by tasting it if it is a food, or by smelling it if it is a scented item—then his sale and purchase are valid. If it is not possible, it is permitted to sell it, just as for a sighted person, and he has the option of rescission (khiyar) if it differs from the described quality. This is the position of Malik and Abu Hanifah. [Abu Hanifah established] (20) for him the option until he acquires knowledge of the item sold, either by his senses, taste, or description. Ubayd Allah ibn al-Hasan said: His purchase is valid, and if he orders someone else to look at it, it becomes binding upon him. Al-Shafi'i said: It is not permitted except in the manner where the sale of an unknown object is permitted, or if he had seen it while sighted and then bought it before a period of time passed in which the object might have changed; because it is of unknown quality to the contracting party, so it is invalid, like the sale of eggs in a hen or pits in dates. Our evidence is that it is possible to inspect and know the intended object, so it is analogous to a sale by a sighted person. Furthermore, the gesture of a mute person stands in place of his speech, and similarly, the blind person’s smelling and tasting are equivalent. As for eggs and pits, they cannot be inspected or described, unlike our current issue.

761 - Issue: He said: (And the sale of the stud’s service is not permitted.)

The stud’s service ('asb al-fahl) refers to his mating. Its sale consists of taking compensation for it. The fee is figuratively called 'asb al-fahl. Renting a stud for mating is forbidden, [and the contract is invalid] (1). This is also the position of Abu Hanifah and al-Shafi'i. It has been narrated from Malik that it is permitted. Ibn 'Aqil said: In my view, it is possibly permissible, because it is a contract on the benefits of the stud and its mounting (2), and this is an intended benefit. The semen is secondary, and it usually results immediately after mounting, so it is like a contract regarding a wet nurse in order for milk to be produced in the child's belly.