His statement: “such as the mule and the donkey.” A mule is an animal born from a donkey and a horse: a donkey mates with a mare, which then gives birth to what is called a mule. It possesses traits of both donkeys and horses. The ruling concerning it is that it is unlawful, because it is born of something lawful and something unlawful in a manner in which the two cannot be distinguished; therefore, the prohibitive aspect prevails.

If someone were to ask, “How can we give precedence to the prohibitive aspect? Why not give precedence to the permissive aspect?”

The scholars say: when the factor requiring permissibility and the factor requiring prohibition are combined in a manner in which they cannot be distinguished, the prohibitive aspect prevails. This is because avoiding what is unlawful is obligatory, and it cannot be avoided except by also avoiding what is lawful. Avoiding what is lawful is itself permissible: if I refrain from what is lawful, there is no blame upon me; but if I commit what is unlawful, I incur sin. For this reason, the prohibitive aspect prevails.

It has also been said that, although the mule is unlawful, it may nevertheless be sold, since Muslims have continued buying and selling mules from the time of the Messenger of Allah, may Allah’s peace and blessings be upon him, until the present day. Likewise, it is permissible to sell a donkey, and the evidence is scholarly consensus: Muslims have unanimously agreed upon selling donkeys from the time of the Messenger of Allah, may Allah’s peace and blessings be upon him, until the present day.

If someone were to ask, “Does this not conflict with the Prophet’s statement, may Allah’s peace and blessings be upon him: ‘Indeed, when Allah prohibits something, He prohibits its price’ (1), while the mule and the donkey are unlawful?”

We reply: “He prohibits its price” means the price of that prohibited thing. Thus, if someone were to buy