What specifications are required when contracting for livestock described by type (in dhimma)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
When contracting for livestock defined by description (in dhimma), the specific kind of animal, such as camels, cattle, sheep, or goats, must be mentioned. If the general term for cattle or camels is used without qualification, it does not customarily include specific variations like buffalo or Bactrian camels, because general usage does not encompass them by default.
Supporting text
If the location of the contract implies a specific type within a general category, the specific variety must still be mentioned, as is the case with sheep, because each type affects the shepherd's effort. The size, such as large or young animals, must also be specified (e.g., kibaar, sighaal, 'ujajil, or fuslaan), unless there is an existing custom or context that clarifies the intended type, which then suffices in place of explicit mention.