Abu Hanifa and al-Shafi'i said: It is not permissible, because it is not permissible to isolate it in the contract, so it is not permissible to exclude it, similar to the fetus. Our evidence is that the Prophet (may Allah bless him and grant him peace) prohibited thunya (exclusion) unless it is known, and this is known. It is narrated that when the Prophet (may Allah bless him and grant him peace) migrated to Medina, accompanied by Abu Bakr and Amir ibn Fuhayra, they passed by a shepherd. Abu Bakr and Amir went and bought a sheep from him, and they stipulated that its hide (salab) belonged to them. Abu Bakr narrated in "al-Shafi" with his chain of transmission from Jabir, from al-Sha'bi who said: Zayd ibn Thabit and the Companions of the Messenger of Allah (may Allah bless him and grant him peace) judged regarding a cow that a man sold while stipulating [the exclusion of] its head; they judged with al-sharwa, meaning he should give a head similar to the [sold] head. This is because the excluded part and the part from which it is excluded are known, so it is valid, just as if one sold an orchard and excluded a specific palm tree from it. The argument that it is not permissible to isolate it in a sale is refuted by [the case of] fruit before pollination; it is not permissible to isolate it in a sale with the condition of its remaining, yet it is permissible to exclude it. As for the fetus, it is unknown. We have evidence against this; if the buyer refuses to slaughter it, he cannot be compelled to do so, and he is obligated to pay its value as an approximation. Ahmad stated this explicitly, based on what was narrated from Ali (may Allah be pleased with him): that he judged regarding a man who bought a she-camel and stipulated its thunya (exclusion), saying: "Go to the market, and when it reaches its maximum price, give him the account of its exclusion from its price."

Section: If one excludes the fat of the animal, it is not valid. Ahmad stated this explicitly. Abu Bakr said: There is no disagreement among them regarding Abu Abd Allah that it is not permissible. That is because the Prophet (may Allah bless him and grant him peace) prohibited thunya (exclusion) unless it is known, and because it is unknown and cannot be sold individually, so its exclusion is not valid, like its thigh. If he excludes the fetus, its exclusion is not valid for that same reason. This is the opinion of Abu Hanifa, Malik, al-Thawri, and al-Shafi'i. It has been reported from Ahmad that it is valid, and this is the opinion of al-Hasan, al-Nakha'i, Ishaq, and Abu Thawr, due to what Nafi' narrated from Ibn Umar that he sold a slave-girl and excluded what was in her womb. And because its exclusion is valid in [the context of] emancipation, it is valid in sale by analogy to it. Our evidence is what has already been mentioned. The correct [version] of the hadith of Ibn Umar is that he emancipated a slave-girl and excluded what was in her womb.