Is it permissible to sell bees along with their hives (kawarāt)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There is a difference of opinion among our associates regarding selling bees within their hives. Al-Qadi ruled that it is not permissible because it is impossible to observe all the bees, and the sale would inevitably include unknown quantities of honey mixed in, which invalidates the sale.
Supporting text
Abu Al-Khattab permits the sale of bees either within or separated from their hives. He argues that observation is possible when the hive entrance is opened, allowing the quantity to be estimated. Concealment of some bees does not invalidate the sale, analogous to a sack (*ṣibra*) where only the exterior is seen, or foundation stones of a wall, where the hidden parts do not void the transaction, especially since the honey becomes secondary and its ignorance is not harmful.