Explanation of the author's statement: "And the fetus in the womb and the milk in the udder are not sold separately, nor is musk sold in its pod."
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The Shaykh : He says "And it is not valid to sell the fetus in the womb or the milk in the udder separately". The fetus in the womb is not valid to sell if sold separately, because the Prophet (peace and blessings be upon him) Sunan Abi Dawud 3376Sahih (Al-Albani) This is gharar (excessive uncertainty), for the fetus may be one or more, and it may be male or female, and it may be born alive or dead. Therefore, the ignorance regarding it is great. For this reason, we say that it falls under the general prohibition, which is the saying of the Messenger of Allah (peace and blessings be upon him). Brother? Yes? You? And it is that the Prophet (peace and blessings be upon him) is good, and the prohibition was reported specifically regarding it, that the Prophet (peace and blessings be upon him) is good. Likewise, the milk in the udder is not valid; it is not valid to sell the milk in the udder. Why? Because it is unknown. First, the animal may yield milk and agree to be milked, or it may not yield milk and not agree to be milked. In the case of some cows, when they try to milk them, they prevent it, either by kicking with their leg, or by goring with their horn, or by withholding the milk; they call them... they are never milked. Therefore, it is unknown. Then, even if these obstacles are removed, what is its quantity? How much do we milk? What is its quantity? Yes? It is unknown; it will be unknown. The issue is simple: we say, instead of buying it in the udder, wait until it is milked; that is better and safer.
And the author's statement "separately" implies that if they are sold with the mother, the fetus with the mother, and the milk with the milking animal, then the sale is valid, on the condition that they are not separated by a contract. For example, saying, "I sold you this pregnant sheep and what is in its womb," because the author stipulated that they be separate. The implication is that if they are incidental, it is permissible. Good. And if he says, "I sold you this pregnant animal and what is in its womb," is this a separate sale? We say yes, because he specified it, and it is only permissible if it is incidental to what? To the mother. And the same is said regarding the milk.
And the jurists derived from this a principle, which is: that which is established incidentally is not established independently. Good.
He said "And musk is not sold in its pod". Musk is not sold in its pod. What is the pod? The pod is the container; the container of musk is called a pod. And that is because it is unknown, and musk is expensive. If you estimate it by weight, the pod may be thick. If you estimate it by size, likewise. So musk is not sold in its pod. The pod is not the bottle; the pod is its container, the container of musk that is separated from the musk deer. That is because some deer are called musk deer. The method of this, as our Shaykh (may Allah have mercy on him), Abd al-Rahman ibn Sa'di, told us, is that these deer are made to run, and with the intensity of their running and their exhaustion, a sac of blood descends from their belly. Then this sac is tied with a very strong tie so that the blood, which is the nourishing blood, does not reach it. And after several days pass, it separates from the skin, and they take it. And this blood that accumulated in this sac is the musk. And regarding this, al-Mutanabbi says: "If you excel among people and you are one of them, then musk is part of the deer's blood". This is what the author said: that it is not valid to sell musk in its pod. The second opinion in this issue is that it is valid to sell it in its pod, because this pod is a natural container, so it is like the rind of a pomegranate. And it is known that it is valid to sell a pomegranate and its container, its rind. This rind may contain, for example, a lot of fat, or it may contain a little. Then, the people of the trade and the experts in this know, either by touch and pressing it, or by any means. The important thing is that the second opinion is the validity of selling musk in its pod, and this is the correct one. What is musk and the pod, yes?
The questioner : ... .
The Shaykh : Yes, and its pod?
The questioner : ... .
The Shaykh : And its container? Good.
forbade the type of sale which involves risk (or uncertainty)
نهى عن بيع الغررHe prohibited the sale of pregnant animals
نهى عن بيع الحواملAnd the author's statement "separately" implies that if they are sold with the mother, the fetus with the mother, and the milk with the milking animal, then the sale is valid, on the condition that they are not separated by a contract. For example, saying, "I sold you this pregnant sheep and what is in its womb," because the author stipulated that they be separate. The implication is that if they are incidental, it is permissible. Good. And if he says, "I sold you this pregnant animal and what is in its womb," is this a separate sale? We say yes, because he specified it, and it is only permissible if it is incidental to what? To the mother. And the same is said regarding the milk.
And the jurists derived from this a principle, which is: that which is established incidentally is not established independently. Good.
He said "And musk is not sold in its pod". Musk is not sold in its pod. What is the pod? The pod is the container; the container of musk is called a pod. And that is because it is unknown, and musk is expensive. If you estimate it by weight, the pod may be thick. If you estimate it by size, likewise. So musk is not sold in its pod. The pod is not the bottle; the pod is its container, the container of musk that is separated from the musk deer. That is because some deer are called musk deer. The method of this, as our Shaykh (may Allah have mercy on him), Abd al-Rahman ibn Sa'di, told us, is that these deer are made to run, and with the intensity of their running and their exhaustion, a sac of blood descends from their belly. Then this sac is tied with a very strong tie so that the blood, which is the nourishing blood, does not reach it. And after several days pass, it separates from the skin, and they take it. And this blood that accumulated in this sac is the musk. And regarding this, al-Mutanabbi says: "If you excel among people and you are one of them, then musk is part of the deer's blood". This is what the author said: that it is not valid to sell musk in its pod. The second opinion in this issue is that it is valid to sell it in its pod, because this pod is a natural container, so it is like the rind of a pomegranate. And it is known that it is valid to sell a pomegranate and its container, its rind. This rind may contain, for example, a lot of fat, or it may contain a little. Then, the people of the trade and the experts in this know, either by touch and pressing it, or by any means. The important thing is that the second opinion is the validity of selling musk in its pod, and this is the correct one. What is musk and the pod, yes?
The questioner : ... .
The Shaykh : Yes, and its pod?
The questioner : ... .
The Shaykh : And its container? Good.