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Summary
Malik says: the matter on which there is no dispute among us is that whoever sells a slave-girl, or any animal, with a foetus in its belly, the foetus belongs to the buyer, whether he stipulated it or not. Palms are not like animals, and fruit is not like a foetus in its mother's womb. Malik said: what makes this clear is that people practise pledging the fruit of palms, not the palms themselves; and no one pledges a foetus in the belly of a slave or animal. 1
Place in the museum
Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on pledge (rahn) and sale.
Connections
- Part of
- Muwatta, Book of Judgements (aqdiya)
- Mentions
- Malik ibn Anas
- Basis for
- pledge (rahn)· sale (bay')
People and things also explored
Muwatta 2103· Muwatta 2104· Muwatta 2105· Muwatta 2106· Muwatta 2107· Muwatta 2108· Muwatta 2109· Muwatta 2110
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.272
Cite this page
islam.museum contributors. “Muwatta 2136”. islam.museum, https://islam.museum/en/passage/muwatta-22-2136/. CC BY-SA 4.0. Last updated 2026-10-17.