Is it valid to stipulate that a sheep must be one that yields milk (labun)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The stipulation that a sheep must be one that yields milk is valid. This is supported by Al-Shafi'i. The basis for validity is that this is a desired attribute verifiable in living animals, and it accounts for a portion of the price, making its stipulation valid, analogous to stipulating craftsmanship in a female slave. Milk itself is not sold separately due to ambiguity (jahalah), which voids a sale if it were independent. However, if purchased along with the ewe without a specific condition, the sale is valid, similar to the validity of selling wall foundations or date pits sold alongside the main commodity, even if they cannot be sold independently.
Supporting text
Abu Hanifa holds that this stipulation is invalid because selling milk still in the udder is impermissible, meaning its condition is also impermissible.