Is the stipulation valid if an animal is stipulated to be pregnant (hamil)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The stipulation that an animal is pregnant is valid because it is a desired attribute that can be fulfilled, analogous to stipulating craftsmanship or milk production. The pregnancy itself possesses legal consideration, evidenced by the Prophet's ruling on blood money involving pregnant she-camels with their offspring, the prohibition of accepting pregnant animals for Zakat, the prohibition of intercourse with captured pregnant women, the definition of a pregnant woman's waiting period as delivery, and the leniency granted to pregnant women concerning fasting. Furthermore, the ruling regarding Li'an suggests the Prophet judged the lineage based on the state of pregnancy.
Supporting text
The view held by Al-Qadi is that this stipulation is invalid according to the strict doctrine (qiyas al-madhhab) because pregnancy itself lacks specific legal status; thus, the fetus might be considered mere wind. However, this is countered by the established legal effects concerning pregnancy.