What is the ruling on selling a missing animal whose life is doubted?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 3

Open in Qurani

Primary text

The sale of a missing animal, concerning whose life there is doubt, is valid. This is based on the principle that the default assumption is the animal's continued existence, upon which the validity of the contract rests, as mere doubt does not negate certainty.

Supporting text

If it becomes clear that the animal was already perished at the time of the contract, the contract is established as void.