The Third Section: Selling Meat for Meat and for Animals


Preliminary field of research: Meat is a Category of Ribawi (Usurious) Goods
The First Issue: Meat is of Different Categories
Meat is considered in different categories based on its source. For instance, camel meat is one category, cow meat is another category, and sheep meat is another. This is the view of the majority of scholars: the Hanafis [170] -See: "Tabyin al-Haqaiq" by Al-Zayla'i(4/94) and "Al-Bahr al-Raqiq"by Ibn Nujaym (6/146). , the Shafi’is [171] -See: "Mughni al-Muhtaj "by Al-Shirbini (2/24) and Hashitay Qalyubi wa Amirah( 2/211). in their most prominent opinion, and the Hanbalis [172] - See: "Al-Insaf "by Al-Mardawi (5/18) and ”Kashaf al-Qina "by Al-Buhuti (3/255). . This is because meat is a secondary product of animals that are themselves in different categories, so the meat is of different categories [173] -This is evidence for those who hold that milk is of different types, which is the view of the majority except for the Malikis. References: "Tebyeen al-Haqa'iq "by Al-Zayla'i (4/94); "Mughni al-Muhtaj" by Al-Shirbini (2/24).
The Second Issue: Meat as Ribawi (Usurious) Goods
Meat is considered one of the categories subject to Riba (usury), because it is both consumable and weighed. The rulings on selling meat for meat and selling meat for animals will be discussed in the following topics.
The First Topic: Selling Meat for Meat
The First Issue: Selling Meat of the Same Type for Meat
It is not permissible to sell meat of the same type for another in unequal amounts, unless the weight of both is the same, and the exchange happens hand to hand in the same place (spot). This ruling is unanimously agreed upon by the four major schools of jurisprudence [174] -Despite their differences in categorizing the types of meats, the majority—including the Hanafis, Shafi'is, and Hanbalis—believe that meats are of different types according to their origins, as previously mentioned. In contrast, the Malikis hold that the meats of the four-legged animals are of one type; thus, camels, cattle, and sheep are considered one type according to them, which differs from the view of the majority. References: "Tebyeen al-Haqa'iq" by Al-Zayla'i(4/94); "Hashiyat al-Adawi 'ala Kifayat al-Talib al-Rabbani"(2/146); "Mughni al-Muhtaj "(2/24); "Kashaf al-Qina' "by Al-Buhuti (3/255). : Hanafi [175] -"Mukhtasar Ikhtilaf al-Ulama" by Al-Tahawi (3/40);  "Al-Fatawa al-Hindiya" (3/120). , Maliki [176] -"Al-Kafi" by Ibn Abd al-Barr (2/651); "Al-Sharh al-Kabir" by Al-Shaykh Al-Dardir, and "Hashiyat al-Dusuqi" (3/55); "Hashiyat al-Adawi on Kifayat al-Talib al-Rabbani"( 2/171). , Shafi’i [177] -" Fath al-Aziz" by Al-Rafi'i (8/183), and refer to "Al-Hawi al-Kabir "by Al-Mawardi (5/307) , and Hanbali [178] -"Al-Iqna" by Al-Hajawi (2/116); ”Kashaf al-Qina "by Al-Buhuti (3/255). .
The Evidence from the Sunnah:
Narrated from ‘Umar, رضي الله عنه that the Prophet  صلى الله عليه وسلمsaid: "Barley for barley is Riba unless it is hand to hand; wheat for wheat is Riba unless it is hand to hand; dates for dates are Riba unless it is hand to hand. [179] - Sahih al-Bukhari (2170), and the wording is his Sahih Muslim (1586). "
Reasoning (or Evidence extracted from the Hadith):
The reason for the prohibition mentioned in the hadith is due to measurement in the case of the same type or weight in the case of the same category [180] - "Sharh Mukhtasar al-Tahawi" by al-Jassas (3/34);" Al-Jawhara al-Nayyira" by al-Hadadi (1/212). . This includes meat as well.
The Second Issue: Selling Meat for Meat of Different Types.
It is permissible to sell meat for meat of different types, such as selling sheep meat for camel meat or cow meat, even in unequal amounts, as long as the exchange happens hand to hand in the same place (spot). This is the view of the majority of scholars: the Hanafis [181] -"Tabyeen  al-Haqaiq" by al-Zaylai(4/94); "Al-Bahr al-Raiq" by Ibn Nujaym (6/146) , the Shafi’is in their most prominent opinion [182] -"Mughni al-Muhtaj "by al-Shirbini (2/24); "Hashiyat Qalyubi wa Amira"(2/211) , and the Hanbalis [183] - "Al-Insaf " by al-Mardawi (5/18); ”Kashaf al-Qina "al-Buhuti (3/255). . This is because meat is derived from different sources, which are considered different categories, similar to how flour and bread are treated. If we consider sheep to be one category and cows to be another, then the meat derived from them follows the same ruling [184] -"Taqiyy al-Haqaiq "by al-Zaylai (4/94); "Mughni al-Muhtaj "by al-Shirbini (2/24). .
The Third Issue: Selling Meat for Meat Along with Bones.
It is permissible to sell meat along with its bones, according to the Malikis [185] -"Mawahib al-Jalil" by al-Hattab (6/206); "Al-Taj wa al-Ikleel "by al-Muwaqqit (4/350) , one opinion within the Shafi’i [186] -"Rawdat al-Talibin "by al-Nawawi (3/393); "Al-Hawi al-Kabir "by al-Mawardi (5/118); "Kifayat al-Nabih" by Ibn al-Raf'ah (9/154); "Asna al-Matalib " by Zakariya al-Ansari(2/28). school, and a view held by the Hanbalis [187] - "Al-Insaf "by al-Mardawi (5/23); "Al-Mughni " by Ibn Qudamah (4/24); "Al-Sharh al-Kabir" by Shams al-Din Ibn Qudamah (4/151). , which was also chosen by Ibn Uthaymeen =[188] -Ibn Uthaymeen said regarding the statement: "The judge prohibited the sale of meat of the same kind except for that from which the bones have been removed; because the bone is not of the same kind as the meat, resembling wax in honey. It is permissible due to the fact that the bone is part of the original creation, resembling the pit in dates, unlike wax." The latter is the correct view; the correct ruling is that it is permissible unless the bone is excessive. As for what is customary, there is no harm in it. "Commentary on Al-Kafi " by Ibn Qudamah (5/219). . This is because the bone is considered a natural part of the meat, similar to the seeds in dates [189] -"Al-Sharh al-Kabir "by Shams al-Din Ibn Qudamah (4/151); "Mawahib al-Jalil" by al-Hattab (6/206). .
The Second Topic: Selling Meat for Animals
The First Issue: Selling Meat for an Animal of the Same Type
It is prohibited to sell meat for an animal of the same type [190] -Such as selling ten kilograms of sheep meat for a sheep . This is the view of the majority of scholars [191] -As for selling meat for an animal of the same kind, without intending its meat i.e., intending to benefit from it in ways other than consumption, some scholars, such as Ibn Taymiyyah, Ibn al-Qayyim, and Ibn Uthaymeen, permitted it. Refer to: "Al-Mustadrak ‘ala al-Fatawa"by Ibn Taymiyyah (4/17); ""I’lam al-Muwaqqi’in ""by Ibn al-Qayyim (2/112); "Al-Sharh al-Mumti' "by Ibn Uthaymeen (8/413). : Malikis [192] - "Al-Taj wa al-Iklil al-Muwaqq" (4/361); "Mawahib al-Jalil" by al-Hattab (6/222); "Al-Fawakih al-Dawani" by al-Nafarawi (2/95). , Shafi’is [193] -According to the Shafi'i school, it is not permissible to sell meat for an animal, whether it is of the same kind or of a different kind. "Fath al-Aziz "by al-Rafi'i (8/187); "Al-Ghurar al-Bahiyyah " by Zakariya al-Ansari( 2/424-425). , and Hanbalis [194] - "Al-Insaf " by al-Mardawi (5/21); "Kashaf al-Qina' "  by  al-Buhuti (3/255). , and it is also the opinion of Muhammad ibn al-Hasan from the Hanafi school [195] - ""Tabyin al-Haqa'iq"" by  al-Zaylai (4/91). . The reasoning is that Ribawi goods (usurious goods) are being sold for goods of the same type without knowing the exact amount [196] -Refer to: "Kashaf al-Qina' "al-Buhuti (3/255). .
Second Opinion: It is prohibited to sell meat for an animal of the same type if the animal is intended for its meat. However, if the animal is not intended for its meat, then it is permissible. This is the opinion of Shaykh al-Islam Ibn Taymiyyah [197] -Ibn Taymiyyah said: "It is prohibited to sell meat for an animal of the same kind if the intent is for the meat." "Al-Mustadrak ‘ala al-Fatawa "(4/17); and refer to: "Al-Insaf "by al-Mardawi (5/21). ,                
Ibn al-Qayyim [198] -Ibn al-Qayyim said: "The correct interpretation of this hadith—if proven authentic—is that it refers to when the animal is intended for its meat, such as a sheep intended for its meat and then =sold for meat. In this case, it would be selling meat for more meat of the same kind, and since meat is a weighed commodity, it involves Riba al-fadl interest of surplus. However, if the animal is not intended for its meat, such as when it is not typically consumed, or is consumable but not for its meat—like a horse sold for camel meat—then its sale for meat is not prohibited."      "I'lam al-Muwaqqi'in"(2/112). , and Ibn Uthaymeen [199] - Ibn Uthaymeen said: "Some scholars elaborated by stating that if the intention behind the animal is meat, then its sale for its own kind is not valid. However, if the intention is to benefit from the animal—such as for riding, renting, or farming—then there is no harm in this. This is because if the intent is for meat, the objectives align, making the intended purpose of the animalmeat, and= =actions are judged by intentions. Conversely, if the intent is for other benefits, then the objective differs. This view is the most accurate among the four opinions: if the intention behind the animal is meat, then it is not permissible, as it is akin to selling meat for meat without equivalence, meaning with surplus. But if the intention behind the animal is to benefit in ways other than eating, then this is permissible." "Al-Sharh al-Mumti' "(8/413). . The reasoning is that if the animal is intended for its meat, it would be as though one is selling more meat for less of the same type, which is considered Riba al-fadl (usury of excess) since meat is consumable and weighed [200] - Refer to: "I'lam al-Muwaqqi'in"  by Ibn al-Qayyim (2/112). .

The Second Issue: Selling Meat for Edible Animals of Different Species
It is permissible to sell meat for an edible animal of a different species [201] - "It is permissible to sell ten kilograms of sheep meat in exchange for a cow. . This is the view of the majority of scholars: the Ḥanafī [202] - "Tahqiq al-Haqaiq" by al-Zaylai (4/91), "Al-Binayah" by al-Ayni (8/285), "Al-Bahr al-Raqiq" by Ibn Nujaym (6/144). , Mālikī [203] -"Mawahib al-Jalil"" by al-Hattab (6/223), "Minah al-Jalil" by al-‘Ulayish (5/27) , and Ḥanbalī [204] - "Kashaf al-Qina" by al-Buhuti (3/255), "Sharh Muntaha al-Iradat" by al-Buhuti (2/66). schools, as well as the weaker opinion within the Shāfiʿī [205] -"Fath al-Aziz" by al-Rafi'i (8/187, 188), "Rawdat al-Talibin" by al-Nawawi (3/396), "Nihayat al-Muhtaj" by al-Ramli (3/445) school. This is because it is considered Ribawī property (commodities subject to ribā) sold for something, not of its kind (category), so it is allowed, just like selling it for currency [206] - "Kashaf al-Qina' "- Al-Buhuti (3/255) .
The Third Issue: Selling Meat for a Non-Edible Animal with a Beneficial Use [207] -On the disagreement among the schools of thought regarding some animals, whether they can be utilized or not. As for those that cannot be utilized, and those that the Shari‘a has exempted, it is not permissible to sell them. See: "al-Kafi fi Fiqh Ahl al-Madina "by Ibn Abd al-Barr (2/674);     "Al-Mughni "by Ibn Qudamah (4/193- 194);"al-Majmu‘ "by al-Nawawi (9/240), and "Fath al-Qadir" by al-Kamal Ibn al-Humam (6/419). .
Selling meat for a non-edible animal for beneficial use is permissible. This is the view of the Mālikī school [208] -"Mawahib al-Jalil" by al-Hattab (6/223); "Manah al-Jalil" by 'Ulaysh (5/27) , the correct opinion according to the Ḥanbalī school [209] - "Al-Insaf "by al-Mardawi (5/22), "Kashshaf al-Qina‘ "by al-Buhuti (3/255) , and is in line with (or according to ) the view of the Ḥanafī school [210] -The Ḥanafī scholars did not explicitly state the permissibility of selling meat in exchange for a non-consumable animal, but this can be understood from their general ruling allowing the sale of meat for an animal of the same kind or a different kind, as well as from their statement= =regarding the permissibility of selling a non-consumable animal if it provides some benefit.  "Tabyīn al-Ḥaqāʾiq  "by Al-Zaylaʿī (4/126, 91),  "Al-Bināya"  by Al-ʿAynī (8/285), and      "Al-Baḥr al-Rāʾiq" by Ibn Nujaym (6/187, 144)> . It is also the weaker opinion within the Shāfiʿī school [211] -"Fatḥ al-ʿAzīz "by Al-Rāfiʿī (8/188), and see: "Al-Tahthīb fī Fiqh al-Imām al-Shāfiʿī " by Al-Baghawī  (3/365) and is supported by most jurists [212] -Ibn Qudāmah said: "If he sells it for a non-consumable animal, it is permissible according to the apparent view of our companions, and this is the opinion of the majority of jurists."      Al-Mughnī (4/27). . This is because the prohibition stems from selling Ribawī wealth for its source, which does not apply here [213] - See: "Fatḥ al-ʿAzīz " by Al-Rāfiʿī (8/188). .