Our evidence is what Ibn Umar narrated, that the Prophet (peace and blessings of Allah be upon him) forbade the sale of the stud’s service. It was narrated by al-Bukhari (3). From Jabir who said: The Messenger of Allah (peace and blessings of Allah be upon him) forbade the sale of the camel’s mating. It was narrated by Muslim (4). Furthermore, it is something which he is unable to deliver, so it is analogous to the renting of a runaway slave. Additionally, it is dependent upon the choice and desire of the stud. The intended object is the semen, which is something that may not be singled out for a contract, and it is unknown. The renting of a wet nurse is an exception to the general principle due to the interest of preserving human life, so that which is not like it cannot be compared to it. Based on this, if one gives a fee for the stud’s service (5), it is forbidden for the recipient (6) due to what we have mentioned. It is not forbidden for the one giving it, as he has parted with his wealth to obtain a permissible thing he is in need of. This is not prohibited, just as in the earnings of the cupper (hajjām); for it is impure, yet the Prophet (peace and blessings of Allah be upon him) gave to the one who cupped him (7). The same applies to the fee for cleaning (8). The Companions permitted the purchase of copies of the Quran, while they disliked their sale. If one gives the owner of the stud a gift or honors him without a fee, it is permitted. This is the position of al-Shafi'i, due to what Anas narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "If it is an honor, then there is no harm." (9) Because it is a permissible cause, it is permitted to accept a gift for it.
(3) In: Chapter on the Stud's Service, from the Book of Renting. Sahih al-Bukhari 3/123. It was also recorded by Abu Dawud, in: Chapter on the Stud's Service, from the Book of Sales. Sunan Abi Dawud 2/239. And al-Tirmidhi, in: Chapter on what has been said regarding the dislike of the stud's service, from the chapters on Sales. 'Aridat al-Ahwadhi 5/274. And al-Nasa'i, in: Chapter on the sale of a camel's mating, from the Book of Sales. Al-Mujtaba 7/273. Imam Ahmad, in: Al-Musnad 2/14. (4) In: Chapter on the prohibition of selling excess water..., from the Book of Watering Rights. Sahih Muslim 3/1197. It was also recorded by al-Nasa'i, in: Chapter on the sale of a camel's mating, from the Book of Sales. Al-Mujtaba 7/273. (5) In the original and M: "al-'asb". (6) In M: "the other". (7) Recorded by al-Bukhari, in: Chapter on mentioning the cupper, from the Book of Sales, and in: Chapter on the earnings of the cupper, from the Book of Renting. Sahih al-Bukhari 3/82, 83, 122. And Muslim, in: Chapter on the permissibility of the cupper's fee, from the Book of Watering Rights. Sahih Muslim 3/1205. And Abu Dawud, in: Chapter on the earnings of the cupper, from the Book of Sales. Sunan Abi Dawud 2/239. And Ibn Majah, in: Chapter on the earnings of the cupper, from the Book of Trade. Sunan Ibn Majah 2/731. (8) Al-Kas-h: This is sweeping. (9) Recorded by al-Tirmidhi, in: Chapter on what has been said regarding the dislike of the stud's service, from the chapters on Sales. 'Aridat al-Ahwadhi 7/275. And al-Nasa'i, in: Chapter on the sale of a camel's mating, from the Book of Sales. Al-Mujtaba 7/273.
