and the purchaser has the right of option if the stipulation is not fulfilled; according to another opinion, when the sale concerns an animal the contract is cancelled altogether. If the seller were to say, “I sell her to you and also what she is carrying,” the sounder view is that the sale is void. It is invalid to sell the foetus by itself, or to sell the pregnant dam without it, or to sell the pregnant animal together with its foetus as two distinct items. However, if one simply sells a pregnant animal without further specification, the foetus is automatically included in the sale.

Section
Among the transactions that are prohibited yet whose prohibition does not invalidate the contract—because the objection returns to an incidental matter—are the following:
• for a town-dweller to sell on behalf of a desert-dweller. This applies when a stranger arrives with merchandise people need and intends to sell it at the day’s market price, whereupon a resident says, “Leave it with me so I can dispose of it gradually for a higher price.”
• intercepting caravans (talaqqī al-rukbān): someone goes out to meet a group bringing goods to town and buys from them before they arrive and learn the local price. Once they discover any loss they incurred, they have the option to rescind.
• bidding on top of another’s bid (sawmu ʿalā sawm): this is forbidden only after the price has been agreed upon.
• selling over another’s sale before it becomes binding, by telling the buyer to cancel so that the speaker can sell him a similar item.
• buying over another’s purchase, by telling the seller to cancel so that the speaker himself can buy it.
• najsh: artificially raising the price, not out of genuine desire to buy but merely to deceive others; the preponderant opinion is that this gives no right of rescission.
• selling fresh dates or grapes to someone who will turn them into wine.
• separating a mother from her child: it is unlawful to do so until the child can distinguish things for himself—and, according to another opinion, until he reaches puberty. If such separation is effected through sale or gift, the more reliable view is that it is void.
• the ʿarboon (earnest-money) sale, in which the buyer pays some coins that will count toward the price if he approves the commodity, but will be kept by the seller as a gift if he decides not to proceed; such a sale is invalid.

Section
If someone sells vinegar together with wine, or sells his slave together with a free man, or sells a slave belonging to another person, or a jointly owned slave without the co-owner’s permission, the sale is valid with respect to what he actually owns