Is the stipulation valid if a dove or pigeon is stipulated to be vocal (musawwit)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The preferred view holds that stipulating a bird be vocal is valid because it represents a sound intention related to its natural disposition and habit, analogous to the gait of an animal or the hunting ability of a cheetah. The vocalization is a characteristic that can and often does exist.
Supporting text
Some of our colleagues and Abu Hanifa maintain this stipulation is invalid because the bird's cry may or may not occur.