Is the sale of a fetus still within the womb permissible?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale of a fetus inside its mother is invalid (*fāsid*), and there is no disagreement on this invalidity. Ibn al-Mundhir confirmed the consensus that selling *al-Malāqīh* (that which is conceived) and *al-Maḍāmīn* (that which is in the loins) is impermissible. This prohibition is due to two reasons: first, the inherent uncertainty regarding its description and whether it is alive; second, the impossibility of delivering immediate possession of the item sold, unlike a present absent object for which delivery procedures can be initiated.
Supporting text
The text cites the narration of Sa'id ibn al-Musayyib, from Abu Hurayrah, that the Prophet, peace be upon him, prohibited the sale of *al-Maḍāmīn* and *al-Malāqīh*. Abu 'Ubayd defined *al-Malāqīh* as contents within the wombs (fetuses), and *al-Maḍāmīn* as that which is in the loins of male animals, specifically referring to selling the fetus in a she-animal's womb or what a stallion fathers within the current or subsequent years.