like sweat, and because it is from a human, thus resembling their other parts. The first view is more correct, because it is pure milk that is utilized, so its sale is permitted, like the milk of a sheep. Furthermore, it is permitted to take compensation for it in the hiring of a wet nurse, so it resembles (other) benefits. It is distinct from sweat, for there is no benefit in that; that is why the sweat of a sheep is not sold, whereas its milk is. As for other parts of a human, it is permitted to sell them; indeed, it is permitted to sell a male slave and a female slave, and it is only forbidden to sell a free person because they are not owned, and it is forbidden to sell a severed limb because there is no benefit in it.

Section: There is a difference of opinion regarding the sale of the real estate (riba') of Makkah and the renting of its houses. It has been narrated that this is not permitted. This is the opinion of Abu Hanifa, Malik, Al-Thawri, and Abu 'Ubayd. Ishaq also disliked it, due to what 'Amr ibn Shu'ayb narrated from his father, from his grandfather, who said: The Messenger of Allah (may Allah bless him and grant him peace) said regarding Makkah: "Its real estate shall not be sold, and its houses shall not be rented." This was narrated by Al-Athram with his isnad (14). From Mujahid, from the Prophet (may Allah bless him and grant him peace), it is reported that he said: "Makkah is sacred; the sale of its real estate is forbidden, and its renting is forbidden." This is a nass (explicit text) narrated by Sa'id ibn Mansur in his Sunan (14). It was also narrated that they were called (15) al-sawa'ib (the abandoned/dedicated) during the time of the Messenger of Allah (may Allah bless him and grant him peace), as mentioned by Musaddad in his Musnad (16). This is because it was conquered by force ('anwatan) and was not divided, thus it was considered waqf (endowed/held in trust), and its sale is not permitted, like the rest of the land that the Muslims conquered by force and did not divide. The evidence that it was conquered by force is the saying of the Messenger of Allah (may Allah bless him and grant him peace): "Verily, Allah restrained the elephant from Makkah, and He gave authority over it to His Messenger and the believers. It was not lawful for anyone before me, and it will not be lawful for anyone after me. It was only made lawful for me for an hour of the day." Agreed upon (17). Umm Hani' narrated...