a trade, or milk, or that she menstruates, or if he stipulates that an animal is a pacer (himlaja), or that a cheetah is trained for hunting, and similar things. Whenever it turns out to be contrary to what he stipulated, he has the option of rescission and the return of the price, or [accepting] it, in which case he has no claim. We are not aware of any disagreement among them regarding this, because he stipulated a desirable attribute, and it became an entitlement through the stipulation. As for if he stipulates an unintended attribute and it turns out otherwise, such as if he stipulates that she is straight-haired (sabta) and she turns out to be curly-haired (ja'da), or that she is uneducated and she turns out to be educated, he has no option, because it is an increase in benefit for him. If he stipulates that she is a disbeliever and she turns out to be a Muslim, or that she is a deflowered woman (thayyib) and she turns out to be a virgin (bikr), he has the option; because there is a valid purpose in that, namely that the demand for a disbeliever is greater due to her suitability for both Muslims and others, or so that he may find relief from the obligation of [teaching her] acts of worship. He may also stipulate a thayyib due to his inability to manage a virgin, or to sell her to someone unable to manage a virgin; thus, his intent has been missed. It is said: He has no option, because these are both an increase [in value]; this is the view of al-Shafi'i regarding the virgin, and the choice of the Qadi. He deemed the idea that one would intend a thayyib due to inability to manage a virgin as unlikely; however, this is not unlikely, as it is possible, and the stipulation itself indicates it, so it becomes plausible through this evidence. If he stipulates that a ewe is a milker, it is valid, and this is the view of al-Shafi'i. Abu Hanifa said: It is not valid, because it is not permissible to sell milk that is in the udder, so it is not permissible to stipulate it. Our argument is that it is an intended matter that is realized in the animal and which takes a portion of the price, so stipulating it is valid, like a craft in a slave girl or pacing in an animal. It was only disallowed to sell it separately due to uncertainty (jahala), and uncertainty is waived in matters that are secondary. Likewise, if he purchases it without a stipulation, its sale with it is valid. Similarly, it is valid to sell the foundations of walls and the pits in dates along with them, even if it is not valid to sell them separately. If he stipulates that she yields a specific amount of milk every day, it is not valid due to the impossibility of fulfilling it, as the milk varies and cannot be regulated. If he stipulates that she is a heavy milker, it is valid because it is possible to fulfill it. If he stipulates that she is pregnant, it is valid. The Qadi said: The analogy of the school is that it is not valid, because pregnancy has no legal status; for this reason, li'an (imprecation) is not valid regarding pregnancy, and it is possible that it is merely gas. Our argument is that it is an intended attribute that can be fulfilled, so its stipulation is valid, like a craft or being a milker. We have previously explained that pregnancy has a legal status; for this reason, the Prophet (may Allah bless him and grant him peace) ruled regarding the blood money (diya) with forty pregnant camels (khalifa) in whose bellies are their young. He forbade taking pregnant animals in Zakat, forbade sexual intercourse with pregnant captives, and Allah the Almighty made the waiting period ('idda) of a pregnant woman to be the delivery of her child, granted her a concession to break the fast in Ramadan if she fears for her child, and forbade carrying out qisas (retaliatory punishment) or the hudud (fixed punishments) upon her due to her pregnancy. The apparent meaning of the hadith narrated regarding li'an indicates that he performed li'an with her while she was pregnant, and her child was disavowed from him. If he stipulates that she will give birth at a specific time, it is not valid under any circumstances, because it is not possible to fulfill it. If he stipulates that she will not become pregnant, the stipulation is not valid, because it is not possible to fulfill it. Malik said: It is not valid in the case of those who do not conceive (al-murtafi'at), but it is valid for others. Our argument is that he sold her with the condition of immunity from pregnancy, so it is not valid, just like in the case of those who do not conceive. If he stipulates that she is not pregnant (ha'il), and she turns out to be pregnant,