Is the sale of a dog valid, irrespective of its type?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale of a dog is invalid, regardless of the specific type of dog. This is the position held by Al-Hasan, Rabi'ah, Hammad, Al-Awza'i, Al-Shafi'i, and Dawud. Evidence supporting this includes the narration from Abu Mas'ud Al-Ansari that the Messenger of Allah (peace be upon him) forbade the price of a dog, the dowry of a prostitute, and the earnings of a soothsayer (Hadith agreed upon by Bukhari and Muslim). Furthermore, the narration from Rafi' bin Khadij states that the price of a dog, the dowry of a prostitute, and the earnings of a cupper are impure (Hadith agreed upon by Bukhari and Muslim). It is also argued that since it is an animal whose private ownership is prohibited except for necessity, it resembles the pig, or an animal impure in essence, thus resembling the pig.
Supporting text
Abu Hurayrah disliked the price of a dog. Jabir bin Abdullah, 'Ata', and Al-Nakha'i permitted the price specifically for hunting dogs. Abu Hanifa permitted the sale of all dogs and taking their price, though a narration from him suggests that selling a vicious dog is not permissible. Companions of Malik differed; some forbade it, while others permitted the sale of a dog authorized for keeping, deeming it disliked. Those who permit the sale cite the narration from Jabir that the Prophet (peace be upon him) forbade the price of dogs and cats except for hunting dogs. They also argue that since benefiting from the dog is permissible, and transferring ownership, bequest, and possession are valid, its sale is valid, similar to a donkey.