Is the leasing (ijara) of a stud animal (fahl) for breeding purposes permissible?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The leasing of a stud animal for the purpose of breeding (*dhirab*) is forbidden, and the contract is void. This is the opinion held by Abu Hanifa and Al-Shafi'i, and it is related from Malik. The evidence against its permissibility is the Hadith reported by Ibn Umar that the Prophet (peace be upon him) prohibited the sale of the 'asb of the stud' (the right to the semen/breeding service), narrated by Al-Bukhari. Similarly, the narration from Jabir states that the Messenger of Allah (peace be upon him) prohibited the sale of the camel's breeding service, narrated by Muslim. Furthermore, the service involves something that cannot be physically handed over, resembling the leasing of an escaped slave (*abeq*). The purpose of the contract is the semen, which cannot be contracted upon exclusively, and it is unknown.
Supporting text
There is a view suggesting permissibility, which Ibn Aqil favors, arguing it is a contract over the benefits of the stud's service and its mounting, which is an intended benefit, with the water (semen) being secondary, analogous to contracting for a wet nurse (*dhaar*) to ensure the child receives milk.