Is the sale of a stray camel (*jamal sharid*) or a lost, unconstrained horse (*faras 'a'ir*) valid?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale of a stray camel or a lost, unconstrained horse, and similar items, is valid, regardless of whether the seller knows the item's location or not. This is the position adopted by Malik, Shafi'i, Abu Thawr, Ibn al-Mundhir, and the proponents of the school of opinion (*ashab al-ra'y*). There is a narration from Ibn Umar that he bought a stray camel from one of his sons. Ibn Sirin and Shurayh stated that there is no objection to selling a runaway slave (*abliq*) if the knowledge concerning him is identical for both parties.
Supporting text
The primary evidence against this practice is the Prophet's prohibition against selling pebbles (*hata*) and selling uncertainty (*gharar*), reported by Muslim. Such sales constitute *gharar* because the item is not capable of being handed over immediately. It is analogous to the bird in the air; if the item comes into someone's possession, its sale becomes permissible due to the possibility of delivery.