What is the ruling on selling a she-camel that has been impregnated by a famous stallion, where she is sold for many times her original price, out of desire for what is in her womb from that stallion? And does this differ from the issues of "malaqih" (fetuses) and "madameen" (what is in the loins)?
Selling a fetus has several scenarios:
1. Selling the fetus alone: This is impermissible. It falls under the category of selling "malaqeeh" (what is in the loins) and "madameen" (what is in the wombs), which is forbidden due to the presence of (excessive uncertainty) and jahalah (ignorance).
2. Selling a pregnant she-camel absolutely, without conditions or an increased price for the sake of the pregnancy: This is permissible as an exception to the prohibition of gharar sales, due to need and the inability to avoid it.
3. Selling a she-camel on the condition of pregnancy, or with an increased price for its sake: There is a well-known difference of opinion among jurists on this matter. The soundest opinion according to the Shafi'is is that it is valid, based on the premise that the pregnancy is known and has a share of the price. If the pregnancy is apparent and clear, then this sale is seemingly permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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