Is the exception of the fetus in a sale valid?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The exception of the fetus (*al-haml*) during the sale of its mother is invalid for the same reason that excluding fat is invalid.
Supporting text
A view, narrated from Ahmad, as well as the positions of Al-Hasan, Al-Nakha'i, Ishaq, and Abu Thawr, holds that excepting the fetus is valid. This is supported by the narration from Nafi' regarding Ibn Umar selling a female slave and excepting what was in her womb. Additionally, since the exception is valid in the context of manumission (freeing a slave), it should be valid in a sale by analogy.