The Sale of the Fetus: Is It Valid with the Option of Return?
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The questioner : The sale of the fetus...
The Shaykh : It is not valid.
The questioner : Even with the option of return.
The Shaykh : We say: be patient, as long as you are mentioning the option of return now, be patient when it comes down, because nothing results from this. The fetus grows and its growth continues, and the person does not gain anything from it. Yes? Let Abdullah 'Amir listen?
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. "And the sale of the animal by touching or by throwing a stone is not valid, nor the sale of a slave from among his slaves or the like, nor the exclusion of one, unless it is specified. And if the seller excludes the head, skin, and extremities of an animal that is eaten, it is valid".
The Shaykh : How is that, Abdullah, and what is this talk? Its head is eaten? ... Its head is eaten and the rest is not eaten?
"If the seller ... eats its head".
The Shaykh : And this ... now its head is not eaten. No, it is not valid. Repeat it.
... .
The Shaykh : It is the correct explanation in my view, with an insertion. Yes.
The questioner :"And its opposite is fat, and ... and the sale of what ... is in its belly is valid".
The Shaykh : Yes.
The Shaykh : It is not valid.
The questioner : Even with the option of return.
The Shaykh : We say: be patient, as long as you are mentioning the option of return now, be patient when it comes down, because nothing results from this. The fetus grows and its growth continues, and the person does not gain anything from it. Yes? Let Abdullah 'Amir listen?
The questioner : In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. "And the sale of the animal by touching or by throwing a stone is not valid, nor the sale of a slave from among his slaves or the like, nor the exclusion of one, unless it is specified. And if the seller excludes the head, skin, and extremities of an animal that is eaten, it is valid".
The Shaykh :
The Shaykh (may Allah have mercy on him) laughed
ضحك الشيخ رحمه الله"If the seller ... eats its head".
The Shaykh :
The Shaykh (may Allah have mercy on him) laughed
ضحك الشيخ رحمه الله... .
The Shaykh : It is the correct explanation in my view, with an insertion. Yes.
The questioner :"And its opposite is fat, and ... and the sale of what ... is in its belly is valid".
The Shaykh : Yes.