Discussion regarding the exception of the fetus from the sale.
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The Shaykh : He sold it while pregnant and excepted its fetus?
The questioner : ... .
The Shaykh : Is it not valid? Why?
The questioner : Because... .
The Shaykh : This is retention, not a sale. A sale is the transfer of ownership, and this is the retention of ownership. Yes, come on, Salim?
The questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : He is unknown.
The questioner : And the correct view is that ... .
The Shaykh : And the correct view is that it is permissible. Absolutely?
The questioner : ... .
The Shaykh : Fine. What is the reasoning of the jurists who said that its sale is not valid? Yes?
The questioner : ... .
The Shaykh : How not?
The questioner : ... .
The Shaykh : The fetus may be male or female, or two males, or two females, or mixed, or it may die, fine. And here there is ... because we did not take a consideration for it.
The questioner : ... .
The Shaykh : Understood.
The questioner : ... .
The Shaykh : It does not contradict, I did not give you a consideration for it ... I sold it to him while pregnant as if it were a barrier.
The questioner : And if it was not ... .
The Shaykh : The question is about the exception of the fetus.
The questioner : According to the correct view, it is permissible.
The Shaykh : Well done. According to the correct view, it is permissible, meaning it is permissible to sell a pregnant sheep and except its fetus, because this is the retention of something for which the buyer who excepted the fetus did not take a consideration. Did you understand? Fine, so is the rule that what is not valid to sell on its own is not valid to except, is this rule correct?
The questioner : No.
The Shaykh : And what do you say, Abdullah? Al-Sharafi gave you a very small one, fine, you? The rule that what is not valid to sell on its own is not valid to except is not correct, neither in the affirmative nor the negative, because it will come to us, if Allah wills, in the sale of trees and fruits, that the sale of fruits before their ripeness is not permissible, and the exception of it, the seller’s exception of it, is permissible, because retention is stronger than creation. For example, I have palm trees, the palm trees are complete but they have not turned color, is it permissible to sell the fruits before they turn color? No, if I sold the palm trees and excepted the fruits, it is permissible, even though this fruit is not valid to except, yes, it is not valid to sell it, I mean, so it is clear that this rule is not correct, that what is not valid to sell on its own is not valid to except, it is not correct for this reason, yes, come on, Sa'd? If he sold it for what is in this bag of dirhams? A bag of a purse?
The questioner : ... .
The Shaykh : Is it permissible or not?
The questioner : It is not permissible.
The Shaykh : It is not permissible, and according to the correct view?
The questioner : Yes, that is so.
The Shaykh : Likewise, so what is the benefit of the phrase "according to the madhhab"?
The questioner : ... .
The Shaykh : Meaning you retreated? And what is the second opinion?
The questioner : There is no second opinion.
The Shaykh : Why do you say "according to the madhhab"? What do you say, Yusuf? You sold it for this purse of dirhams or ... .
The questioner : It is not permissible.
The Shaykh : The madhhab says it is permissible, and the correct view is that it is not permissible.
Do we have a recitation?
The questioner : No new lesson.
The Shaykh : A new lesson? Fine. I seek forgiveness from Allah. Recite, Abd al-Rahman. We heard.
...
The questioner : In the name of Allah, the Most Merciful, the Bestower of Mercy. He said, may Allah have mercy on him: "Chapter. And the sale is not valid from one upon whom Friday prayer is obligatory after its second call, and the marriage and other contracts are valid. And the sale of juice is not valid from one who makes it into intoxicants, nor the sale of weapons in a fitnah, nor the sale of a Muslim slave to a disbeliever if he does not free him, and if he becomes a Muslim in his hand, he is forced to remove his ownership."
The questioner : ... .
The Shaykh : Is it not valid? Why?
The questioner : Because... .
The Shaykh : This is retention, not a sale. A sale is the transfer of ownership, and this is the retention of ownership. Yes, come on, Salim?
The questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : He is unknown.
The questioner : And the correct view is that ... .
The Shaykh : And the correct view is that it is permissible. Absolutely?
The questioner : ... .
The Shaykh : Fine. What is the reasoning of the jurists who said that its sale is not valid? Yes?
The questioner : ... .
The Shaykh : How not?
The questioner : ... .
The Shaykh : The fetus may be male or female, or two males, or two females, or mixed, or it may die, fine. And here there is ... because we did not take a consideration for it.
The questioner : ... .
The Shaykh : Understood.
The questioner : ... .
The Shaykh : It does not contradict, I did not give you a consideration for it ... I sold it to him while pregnant as if it were a barrier.
The questioner : And if it was not ... .
The Shaykh : The question is about the exception of the fetus.
The questioner : According to the correct view, it is permissible.
The Shaykh : Well done. According to the correct view, it is permissible, meaning it is permissible to sell a pregnant sheep and except its fetus, because this is the retention of something for which the buyer who excepted the fetus did not take a consideration. Did you understand? Fine, so is the rule that what is not valid to sell on its own is not valid to except, is this rule correct?
The questioner : No.
The Shaykh : And what do you say, Abdullah? Al-Sharafi gave you a very small one, fine, you? The rule that what is not valid to sell on its own is not valid to except is not correct, neither in the affirmative nor the negative, because it will come to us, if Allah wills, in the sale of trees and fruits, that the sale of fruits before their ripeness is not permissible, and the exception of it, the seller’s exception of it, is permissible, because retention is stronger than creation. For example, I have palm trees, the palm trees are complete but they have not turned color, is it permissible to sell the fruits before they turn color? No, if I sold the palm trees and excepted the fruits, it is permissible, even though this fruit is not valid to except, yes, it is not valid to sell it, I mean, so it is clear that this rule is not correct, that what is not valid to sell on its own is not valid to except, it is not correct for this reason, yes, come on, Sa'd? If he sold it for what is in this bag of dirhams? A bag of a purse?
The questioner : ... .
The Shaykh : Is it permissible or not?
The questioner : It is not permissible.
The Shaykh : It is not permissible, and according to the correct view?
The questioner : Yes, that is so.
The Shaykh : Likewise, so what is the benefit of the phrase "according to the madhhab"?
The questioner : ... .
The Shaykh : Meaning you retreated? And what is the second opinion?
The questioner : There is no second opinion.
The Shaykh : Why do you say "according to the madhhab"? What do you say, Yusuf? You sold it for this purse of dirhams or ... .
The questioner : It is not permissible.
The Shaykh : The madhhab says it is permissible, and the correct view is that it is not permissible.
Do we have a recitation?
The questioner : No new lesson.
The Shaykh : A new lesson? Fine. I seek forgiveness from Allah. Recite, Abd al-Rahman. We heard.
...
The questioner : In the name of Allah, the Most Merciful, the Bestower of Mercy. He said, may Allah have mercy on him: "Chapter. And the sale is not valid from one upon whom Friday prayer is obligatory after its second call, and the marriage and other contracts are valid. And the sale of juice is not valid from one who makes it into intoxicants, nor the sale of weapons in a fitnah, nor the sale of a Muslim slave to a disbeliever if he does not free him, and if he becomes a Muslim in his hand, he is forced to remove his ownership."