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If the seller stipulates a three-day option in the sale of a pregnant cow, and the calf is born within this period, then the seller wishes to revoke the sale, to whom does the newborn calf belong?

1 min readAlso available in العربية

The majority of jurists hold that ownership does not transfer to the buyer during the option period. Therefore, any connected or disconnected growth during this period does not belong to the buyer. However, the well-known view among the Hanbalis is that ownership transfers to the buyer during the option period, and he is entitled to the disconnected growth but not the connected growth. Another narration from Imam Ahmad – chosen by Ibn Taymiyyah and Ibn Uthaymeen – states that connected growth is guaranteed to the buyer.

If a cow is sold while pregnant, and the buyer returns it after giving birth within the option period, he must return its offspring with it. This is because the contract included the cow and its pregnancy, and the offspring here is considered growth connected to the sold item, not disconnected growth. This differs from disconnected growth that occurs after the contract, such as a new pregnancy while in the buyer's possession.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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