Which scholars hold the view that excepting the fetus in a sale is invalid?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The invalidity of excepting the fetus in a sale is the position held by Abu Hanifa, Malik, Al-Thawri, and Al-Shafi'i.
Supporting text
This view is counter to the position held by those who permit it based on the narration of Ibn Umar and analogy with manumission.