What owned possessions are permissible to sell?

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

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

Every owned item whose benefit is permitted to be enjoyed is permissible to sell, unless specifically exempted by the Shari'ah. The exemptions mentioned are the dog, the Umm Walad (a female slave who has borne the master a child), and Waqf (endowment). Ownership is the basis that permits unrestricted dealing, and since the permissible benefit allows for its enjoyment, receiving compensation for it is permitted, as is the non-owner's giving of wealth to attain it, similar to other permissible sales. This applies whether the item is pure, like clothing, real estate, livestock, or horses, or items whose purity is debated, such as mules, donkeys, predatory animals, and birds of prey used for hunting (like the cheetah, falcon, hawk, goshawk, and eagle), or birds valued for their song (like the hoopoe, nightingale, and parrot). The position affirming the permissibility of selling these items is that of Al-Shafi'i.

Supporting text

Abu Bakr 'Abd al-Aziz and Ibn Abi Musa rule that selling the cheetah, falcon, and similar animals is impermissible because they are deemed impure, analogous to the dog, which is forbidden to sell.