each individual may reach the utilization of what is in the hands of his companion; therefore, whatever can be utilized, it is appropriate that its sale be permitted.

Section: If the cheetah, falcon, and their likes are not trained and do not accept training, their sale is not permitted, due to the lack of benefit in them. If they are of a type that can be trained, their sale is permitted, because their ultimate outcome is utilization, so they are like a young donkey (jahsh).

Section: As for those used for hunting, such as an owl which a person uses as a decoy (shubash) (7) to gather other birds toward it so the hunter may catch them, it is possible that the sale of it is permitted due to the benefit derived from it, and it is possible that it is forbidden, because that is considered blameworthy due to the element of animal cruelty therein. The same applies to the stork (8) and its likes.

Section: As for the eggs of birds whose meat is not eaten, if they are of a type that holds no benefit, it is not permissible to sell them, whether they are pure or impure. If they are beneficial—meaning they will become a fledgling—and they are pure, their sale is permitted, because it is a pure, useful item; it resembles its origin. If they are impure, such as the eggs of a hawk, a falcon, and their likes, then their ruling is the same as that of their fledgling. Al-Qadi said: Their sale is not permitted, for they are impure and cannot be utilized in the present. This is negated by [the ruling on] their fledgling and the young donkey.

Section: Ahmad said: I dislike the sale of a monkey. Ibn Aqil said: This is interpreted as referring to its sale for the purpose of parading it and playing. As for its sale to someone who derives benefit from it, such as for guarding property, shops, and the like, then it is permitted, because it is like the falcon and the hawk. This is the school of al-Shafi'i. The analogy of the position of Abu Bakr and Ibn Abi Musa is the prohibition of its sale absolutely.