SECTION ON LEASE · 48 – THE STATUS OF ONE WHO ACQUIRES AN ANIMAL THAT HAS NOT BEEN MILKED FOR A FEW DAYS SO IT APPEARS MILKISH
Abū Hurayrah (radiyallāhu ʻanhu) narrated: The Messenger of Allah (sallallahu ʻalayhi wa sallam) said: “Do not meet the caravans for trade, and let none of you make a sale upon another’s sale. Do not withhold the milk of camels and sheep (to deceive the buyer). If someone buys an animal after its milk has been withheld, the buyer has the choice of either keeping it or returning it to the seller, and he must return one sa’ of dates.” [245]
**Explanation:**
To be able to sell for a higher price, withholding the milk of an animal for several days and then selling it, saying ‘look how milky it is,’ is a direct deception which does not conform to Islamic ethics. If such a sale takes place, when the buyer realizes he has been deceived, he has the choice of either:
1. Keeping the animal,
2. Or returning it to its owner within three days.
According to Imam Malik, in return for the milk that was drawn, one sa’ is equivalent to 1040 dirhams or 3.333 grams of dates, or barley, or that much wheat. Although hadith number 344 rejects the repayment of wheat, there is leniency (rukhsa) in hadith number 3445.
Musarrat: It is to bring camels, cows and sheep to the market after they have been milked for two or three days, so that their milk accumulates in the udder, and then say ‘it is milky.’
It is narrated from Abu Huraira (may Allah be pleased with him) that the Messenger of Allah (peace and blessings upon him) said: “If someone buys a sheep that has been suckled for two or three days, then he has three days of *muhayyar*. If he wishes, he may return it with something other than barley.”
Narrated on the authority of Abu Huraira, may Allah be pleased with him, that the Messenger of Allah ﷺ said:
"Whoever buys a sheep which has been kept (two or three days) in its udder and milks it, if he is content with the animal (and its milk), he retains it. If he is not content, he gives one sa’ of dates for each milking.” [247]
**Explanation:**
If the sheep which has had milk accumulated in its udder is more than one, according to the wording of the hadith, if he does not approve of their milk and wants to return them to the owner, it suffices to give one sa’ of dates for milking all of them. Again, the wording of the hadith also allows for giving separate sa’s of dates for each milking.
According to what Ibn Qudama narrated: This is also the view of most Shaafi'is, Maalikis and Hanbalis.
According to Jumay bin Umayya at-Taymi, who heard it from Abdullah bin Umar, the Messenger of Allah (peace and blessings be upon him) said:
“Whoever buys a sheep that has had its milk retained (for two or three days), then it is *muhayyar* for him for three days. If he intends to return it, he must also return the value of its milk, either one or two times in wheat.” [248]