Chapter: Reserving a Portion of the Sale (al-thaniyā)

There is no objection to selling a camel, a sheep, a cow, or any other animal whose flesh is lawful to eat while stipulating that its hide is excluded from the transaction. If the seller then refuses to slaughter the animal, the buyer is entitled to receive a similar hide—or its monetary value, should he prefer. All of this is acceptable according to Mālik.

We stated at the end of the previous chapter that it is permissible to sell a sheep on condition that a few pounds of its meat, or a portion amounting to one-third of the carcass or less, be withheld. Mālik, however, disliked reserving the entire thigh or the liver, even though he ultimately allowed it as well. On this issue many divergent reports exist from Mālik, but the controlling principle is the one I have just outlined for you.