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Ba’i al-Malaqih


A type of transaction that involves the sale (ba’i) of an animal’s embryo such as that of a cow, she-camel, she-goat, etc. In other words, it is the sale of what is in the womb of the female, independent of the female itself. In Arabic lingo, malaqih is the plural of malqooh, i.e., the embryo of a she-camel. However, in shari’a parlance, the meaning of malaqeeh extends to include any animal which is useful (and hence has value, such as beasts of burden (draft animals: horses, donkeys, etc) or livestock (cows, goats, sheep, etc..). This sort of sale is impressible from a shari’a perspective because it is typically associated with an excessive deal of gharar (uncertainty) arising from the subject-matter’s non-existence at the contract assembly (as long as it is in the womb of the female animal, its future existence will still be probabilistic, rather than certain).

Notwithstanding, the sale is valid should it involve the pregnant female animal itself, and without the seller stipulating any additional conditions or an increase in the price on account of what is in the female’s womb.



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