Is the stipulation valid if homing pigeons are stipulated to return from a specified distance?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Abu Al-Khattab ruled that this stipulation is valid because it represents an established custom and a sound intention for conveying news and carrying documents, equating it to the hunting capacity of a cheetah or the gait of a beast.
Supporting text
Al-Qadi and Abu Hanifa ruled that it is invalid because it involves torturing the animal and the intention behind it is unsound.