What is the ruling on taking payment for pregnancy, such that no amount is taken for breeding until the animal conceives, and the stud fee is conditional upon conception, given the prohibition against selling the stud's semen?
It is forbidden to charge a fee for breeding a stud or for its semen, due to the prohibition of the Prophet, peace and blessings be upon him, regarding it. This applies whether the pregnancy of the animal is stipulated or not, due to the generality of the prohibition and the presence of gharar (excessive uncertainty). The reason for the prohibition is that the stud's semen is neither quantifiable nor known, and it cannot be delivered. It is therefore a subject of prohibition for sale or lease. However, lending a stud is permissible, and if a gift is offered to the lender without any prior condition, it is also permissible. It has been permitted to offer a "karamah" (honorary gift) to someone who allows their stud to be used for breeding.
The majority of jurists have agreed on the impermissibility of selling or leasing stud semen, based on the relevant hadiths and because the act of breeding is non-existent at the time of the contract. The Malikis, and a view contrary to the most authoritative opinion among the Shafi'is, dissented, permitting the lease of a stud for breeding. The Malikis qualified this permissibility by specifying a certain duration or a limited number of times. As for the Hanbalis, they permitted paying a fee when necessary if one could not find someone to allow breeding for free.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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