so the followers of Mālik and Aḥmad limited it to horses (1), whereas the jurists of Abū Ḥanīfah’s school (2) allowed it with mules, donkeys, and cattle, and al-Shāfiʿī held two opinions concerning mules and donkeys (3).
His disciples then disagreed over subsidiary questions that they derived from these two positions (4): racing on elephants, pigeons, and boats.
Regarding the permissibility of staking a wager on such races they put forward two views.
Those who permitted it (5) for mules and donkeys argued that the term “hoofed mount” includes them (6) just as it includes the horse.
The others replied: The Lawgiver did not intend by the word “hoof” the hoof of a donkey or a mule; rather, He meant the hoof of whatever one races upon, and He counted racing on it among
(1) For the Maliki position, see: al-Qawanin al-Fiqhiyyah, p. 117; Mawahib al-Jalil, 4:609–610; al-Muʿuna by Qadi Abd al-Wahhab, 3:1738; and al-Khurashi on the Mukhtasar of Khalil, 3:154. – For the Hanbali position, see: al-Mughni, 12:405; al-Muqniʿ, al-Sharh al-Kabir, and al-Insaf, 15:8.
(2) See: Badaʾiʿ al-Sanaʾiʿ, 6:314; Majmaʿ al-Anhur, 2:549; and al-Fatawa al-Hindiyyah, 6:446.
(3) See: al-Hawi al-Kabir by al-Mawardi, 15:185; Tatimmat al-Majmuʿ, 15:137 and 139–140; Nihayat al-Muhtaj, 8:166; and al-Bajuri’s marginalia on Ibn Qasim al-Ghazzi, 2:460.
(4) See: al-Hawi al-Kabir, 15:185–186; and Nihayat al-Muhtaj, 8:166.
(5) In MS MT: “who permits racing.”
(6) In MS H: “it applies to both of them just as it applies to the horse.”
(7) MSS H and MT read: “the hoof of the donkey,” and MS H also has: “was raced.”