Stallion's service and its fee (asb al-fahl)

عَسْب الفَحْل

In the lexicon, asb is the mating of a stallion, that is its covering of the female; it may also mean its semen or the fee for mating 1. The jurists agree that selling a stallion's service is not permitted, because the prophetic prohibition applies, and they explain that the service does not exist at the time of the contract 2. Hiring a stallion for service was forbidden by the majority of Hanafis, the sounder view among the Shafi'is and the basic Hanbali position; the Malikis allowed it for a fixed time or a fixed number of times, but not until the female conceives; the Hanbalis allowed it in cases of need, and the Maliki view matches the weaker Shafi'i opinion 2 3. Hiring is treated under «ijara» 3.

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Ethics and character

Summary

In the lexicon, asb is the mating of a stallion, that is its covering of a female; it may also mean its semen or the fee for mating 1.

Sale of a stallion's service

The jurists agree that selling a stallion's service is not permitted, because of the prophetic prohibition, and they explain that the service does not yet exist when the contract is made 2.

Hiring a stallion for mating

The majority of Hanafis, the sounder view among the Shafi'is and the basic Hanbali position forbid it 2. The Malikis allow it for a fixed time or a fixed number of times, but not until the female conceives; the Hanbalis allow it in cases of need when no one provides the service free 3.

Where to look further

Hiring is treated under «ijara» 3.

People and things also explored

Ada' al-dayn (paying a debt: its ruling, the manner of payment, insolvency and the debts of the dead)· Ada' al-shahada (performing testimony: the duty on request, the excused witness, and the wording)· Manners of the Qur'an bearer· Biting and the liability for injury it causes (add)· Adha (harm of a slight kind: removing harmful things and the duty not to harm)· Justice and grace (adl wal-fadl)· Pardon (afw) in purity, worship, contracts and penalties· Covenant (ahd) and the duty to keep it; oath by the covenant of God

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11600
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11601
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11602
Cite this page

islam.museum contributors. “Stallion's service and its fee (asb al-fahl)”. islam.museum, https://islam.museum/en/concept/asb-al-fahl/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Ada' al-dayn (paying a debt: its ruling, the manner of payment, insolvency and the debts of the dead)

Paying a debt in the form owed is obligatory by consensus. A debt due now must be paid on demand when the debtor can pay; a deferred debt is not due before its term. Payment is made in like items, with value owed where there is no like; a better payment is allowed when unconditioned. Remission, gift, assignment, set-off and settlement take the place of payment. A solvent debtor who refuses is compelled, imprisoned and his apparent property sold; the majority hold that a bankrupt is put under interdiction and his property divided among creditors, against Abu Hanifa. The insolvent is given respite, and his debt may be paid from zakat if he borrowed for himself in a lawful matter. A dead person's debt attaches to his estate and takes precedence over bequests and inheritance.