Explanation of the Book of Sales-06
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The Shaykh : Then he said: "And from Ibn 'Umar (may Allah be pleased with them both), he said: Mishkat al-Masabih 2856. Al-Bukhari narrated it."
Sunan al-Bayhaqi 5:409, the 'asab is said to be the water, the water with which fertilization occurs, and it is said to be the mounting, meaning the male mounting the female. There is no doubt that the male mounting the female, such as the camel, the goat, the bull, and the like, is intended for the water; it is a means, a means and not an end. So whether we interpret it as the mounting or as the water itself, it indicates the prohibition of the 'asab of the stallion. Does the 'asab of the stallion mean its sale or its hire? The hadith is general; it does not specify sale or hire. And the hadith of Jabir that Muslim narrated indicates that what is intended is?
The student: The sale.
The Shaykh : The sale indicates that what is intended is the sale, but in reality, even if we say that what is intended is the sale, it is similar to hire, because this water is not placed in vessels and sold, but it is formed... it is formed by the male mounting the female, so this water is formed and exits from the mounting male into the womb of the female without an intermediary. So it is similar to hire. For this reason, we say that the prohibition of the 'asab of the stallion includes sale and includes hire. Hire comes in two forms:
The first form is that he hires it for its mounting this time. This is not permissible and is forbidden due to ignorance and excessive uncertainty, and it is not known what the result of this mounting will be, is it not so?
And the second form: that he hires it for days, he hires it for days and says, "Hire me your stallion for a period of a week," so he hires it whether it mounts or not. It was said that this is not valid, it is not valid, because why did this hirer hire it?
The student: For mounting.
The Shaykh : For mounting, and this stallion may mount and may not mount, we do not know, we do not know... it mounts and we do not know when the females will want it, they want it. So two things are necessary: the desire of the stallion and the desire of?
The student: The female.
The Shaykh : The female, so the subject of the contract, rather the purpose of the contract, is an unknown matter, so it is not valid. And there is no doubt that the first form, which is that he hires it for its mounting once, there is no doubt that the hire is not valid in it due to ignorance of what?
The student: The consideration.
The Shaykh : The consideration that is the subject of the contract. As for the second, it is a matter of consideration; some scholars have permitted it and said that the most important thing for the one who hired it is that it mounts, whether once or twice, and it is not necessary for him that it mounts constantly. But there is no doubt that there is ignorance in it, and the apparent meaning of the hadith is the prohibition of it. On this basis, it is not permissible to hire the stallion for mounting, neither for a specified number of days, nor for a specified number of known mountings, and that is because of ignorance.
God’s Messenger forbade [taking hire for] a stallion's covering
نهى رسول الله صلى الله عليه وسلم عن عسب الفحلHe prohibited the foal of the stallion
نهى عن عسب الفحلThe student: The sale.
The Shaykh : The sale indicates that what is intended is the sale, but in reality, even if we say that what is intended is the sale, it is similar to hire, because this water is not placed in vessels and sold, but it is formed... it is formed by the male mounting the female, so this water is formed and exits from the mounting male into the womb of the female without an intermediary. So it is similar to hire. For this reason, we say that the prohibition of the 'asab of the stallion includes sale and includes hire. Hire comes in two forms:
The first form is that he hires it for its mounting this time. This is not permissible and is forbidden due to ignorance and excessive uncertainty, and it is not known what the result of this mounting will be, is it not so?
And the second form: that he hires it for days, he hires it for days and says, "Hire me your stallion for a period of a week," so he hires it whether it mounts or not. It was said that this is not valid, it is not valid, because why did this hirer hire it?
The student: For mounting.
The Shaykh : For mounting, and this stallion may mount and may not mount, we do not know, we do not know... it mounts and we do not know when the females will want it, they want it. So two things are necessary: the desire of the stallion and the desire of?
The student: The female.
The Shaykh : The female, so the subject of the contract, rather the purpose of the contract, is an unknown matter, so it is not valid. And there is no doubt that the first form, which is that he hires it for its mounting once, there is no doubt that the hire is not valid in it due to ignorance of what?
The student: The consideration.
The Shaykh : The consideration that is the subject of the contract. As for the second, it is a matter of consideration; some scholars have permitted it and said that the most important thing for the one who hired it is that it mounts, whether once or twice, and it is not necessary for him that it mounts constantly. But there is no doubt that there is ignorance in it, and the apparent meaning of the hadith is the prohibition of it. On this basis, it is not permissible to hire the stallion for mounting, neither for a specified number of days, nor for a specified number of known mountings, and that is because of ignorance.