Is the sale of eggs from birds whose flesh is not permissible to eat allowed?

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

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The sale of eggs from birds whose flesh is unlawful to consume is forbidden if the egg yields no benefit. This prohibition applies whether the egg is ritually pure (tahir) or impure (najas). However, if the egg is usable in that it will hatch into a chick, and the bird itself is ritually pure, then the sale is permissible because the egg is pure and beneficial, resembling its source. If the bird is impure, such as the eggs of a falcon (*bazi*) or a hawk (*saqr*), the ruling follows the ruling of the impure chick.

Supporting text

The judge (Al-Qadi) ruled that the sale is impermissible because the egg is impure and offers no immediate benefit. This opinion is disregarded by analogy with the chick and the young donkey (*juhsh sagheer*).