Is the stipulation valid if the buyer stipulates that the female slave must not become pregnant?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The stipulation that an animal must not become pregnant is invalid because it cannot be guaranteed.
Supporting text
Malik stated that this is invalid for 'high-status' (murtafi'at) creatures but valid for others. However, the dominant view maintains that since the sale includes a condition of being free from pregnancy, it is invalid, consistent with cases involving 'high-status' creatures.