Is it permissible to rent out a stud animal (Fahl) for breeding purposes?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The rental of a stud animal for breeding is not permissible. This is the apparent position within the Shafi'i school, the position of the People of Opinion (Ahl al-Ra'y), Abu Thawr, and Ibn al-Mundhir. The prohibition is based on the Prophet's explicit prohibition regarding the 'usub al-fahl' (the payment for the stud's service), and in another narration, the prohibition of the camel's breeding service. Furthermore, the objective is the seed which creates offspring, meaning the contract of rent is for the utilization of a distant essence, which is invalid, akin to renting livestock for its milk. This prohibition is stronger because the fluid (semen) is considered impermissible and without inherent value, thus compensation for it is invalid, similar to carrion or blood, and it is unknown, thus resembling milk still in the udder.
Supporting text
A view exists permitting this practice, positing it as permissible benefit because necessity calls for it, similar to hiring a wet nurse for nursing or hiring access to a well for water. This position holds that since the benefit is permissible through loan (i'ara), it is permissible through rent. This view is attributed to Hasan and Ibn Sirin. Those who permit it suggest the contract should be specified based on the action (once or twice) rather than a duration.