What is the permissibility of offering compensation for breeding services when no rental contract exists and necessity dictates?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a person requires breeding services and cannot find anyone willing to provide it without compensation, it is permissible for him to offer a payment (kera'), though the owner of the stud animal is not permitted to accept it. Ata stated that the stud owner should not take anything, but it is permissible for the requester to give something if necessity compels it. This is permissible as it involves offering money to obtain a permissible benefit necessitated by need, similar to purchasing a captive or offering a bribe to repel an oppressor's injustice.