and al-Nakha'i. Abu Hanifah permitted the sale of all dogs and the taking of their price; however, there is a narration from him regarding the vicious dog that its sale is not permissible. The companions of Malik differed: some of them said it is not permissible, while others said that a dog permitted to be kept may be sold, but it is disliked. Those who permitted its sale argued based on what was narrated from Jabir that the Prophet (peace and blessings of Allah be upon him) forbade the price of a dog and a cat, except for the hunting dog. Also, because it is permitted to benefit from it, and it is valid to transfer possession of it, and to bequeath it, so its sale is valid, just like a donkey. Our argument is what Abu Mas'ud al-Ansari narrated, that the Messenger of Allah (peace and blessings of Allah be upon him) forbade the price of a dog, the dowry of a prostitute, and the earnings of a soothsayer. From Rafi' ibn Khadij, he said, the Messenger of Allah (peace and blessings of Allah be upon him) said: "The price of a dog is vile, the dowry of a prostitute is vile, and the earnings of a cupper are vile." Both are agreed upon. It is also narrated from Ibn 'Abbas that he said: The Messenger of Allah (peace and blessings of Allah be upon him) forbade the price of a dog, so if he comes asking for it, fill his palm with dust. Narrated by Abu Dawud. It is also an animal whose possession is forbidden except in a state of need, so it resembles a pig, or it is an animal that is impure in its essence (najis al-'ayn), so it resembles a pig. As for their hadith, Ahmad said: This is from al-Hasan ibn Abi Ja'far, and he is weak. Al-Daraqutni said: The authentic view is that it is stopped (mawquf) at Jabir. Al-Tirmidhi said: The chain of narration for this hadith is not sound. It has also been narrated from Abu Hurayrah, and it is not sound either. It is possible that he meant: 'and no hunting dog,' and the language has come with such usage. The poet said: And every brother his brother will part with... by your father's life, except for the Farqadan (the two stars), meaning: 'and the two Farqadan.' Furthermore, this hadith is an argument against the one who permits the sale of other than a hunting dog.

Section: Its leasing is not permitted. Ahmad stated this explicitly. This is also the view of some of the companions of al-Shafi'i. Some of them said: It is permitted, because it is a permissible benefit, so compensation for it is permitted, like the benefit of donkeys. Our argument is that it is an animal whose sale is forbidden due to its vileness, so its leasing is forbidden, like a pig. Their analogy is invalidated by the stud fee of a male animal; for it is a permissible benefit, yet leasing it is not permitted. Furthermore, the permissibility of benefiting from it does not make its sale permissible, so the same applies to its leasing. Additionally, its benefit is not guaranteed in the case of usurpation (ghasb); for if a usurper were to seize it for a period, he would not be obligated to provide compensation for that, so it is not permitted to take compensation for it in a lease, like the benefit of a pig.