What must be specified when contracting for game obtained via a hunting tool?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 10 · Bab 6

Open in Qurani

Primary text

If the game is obtained via a hunting implement (ahbula), the game is accepted in a sound state. If obtained via a trained beast of prey (jarihah), the type of beast used for hunting—be it a cheetah (fahd), dog (kalb), or falcon (saqr)—must be specified.

Supporting text

The game obtained by a dog is superior to that obtained by a cheetah because the dog's resulting meat has a better taste (nakha). However, the correct view is that taste quality is not a strict condition, as the difference in price is negligible and only known by a few people. If less strict requirements regarding taste are accepted in the sale of slaves, then it is more fitting to waive this taste requirement here, especially since attributes like fatness or virginity, which affect price, are waived in slaves if they are not clearly distinguishable.