Is the act of withholding milk in an animal's udder (Tashriyah) for the purpose of deceiving a buyer prohibited?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The act of withholding milk in an animal's udder (Tashriyah) is prohibited (haram) when the intent is to deceive the buyer. This prohibition is established by the Prophet's saying, "Do not withhold milk (Tasru)" and the general principle, "Whoever deceives us is not of us." Furthermore, selling an animal that has been milked in this manner (al-muhaffalah) is described as fraudulent (khallabah), and fraud is not lawful for a Muslim. Evidence for the remedy, if the buyer discovers the deception, is found in the Hadith narrated by Abu Hurairah, which states that the buyer has the choice to keep the animal or return it and receive a measure (Sa') of dates instead.