The ruling for stud semen
What is the ruling in Islamic law concerning 'stud semen' ? A horse owner owns a rare breed and offers stud services for a pre-determined fee to whoever needs to breed his mares, is it permissible?
Scholars are unanimous on the impermissibility of selling stud semen due to the words of Abdullah Ibn Umar (may Allah be pleased with them both) who said, "The Messenger of Allahforbade us from paying for stud semen" [Recorded by Bukhari]. This is because, at the time of the sale, the semen is nonexistent and the sale of a nonexistent object is invalid.
There is a scholarly contention concerning leasing studs for breeding purposes. The majority of scholars have deemed it prohibited based on the forbiddance expressed in the above mentioned tradition.
Hanbali scholars have maintained that when there is a need, it is permissible to breed female animals to studs for a fee if the service is not offered for free. According to them, only the recipient of the fee is blameworthy. This is likewise the opinion of Ata`.
Maliki scholars and some Shafi'is, al-Khattab from among the Hanbalis, al-Hasan al-Basri and Ibn Sireen, have all maintained the permissibility of leasing studs.
We are inclined to agree with the opinion maintaining the permissibility of leasing studs for breeding purposes due to the following:
-The speculative nature of the proof mentioned above;
- The permissible benefit accrued from it that is required by necessity;
- Its analogy to hiring a wet nurse and loaning studs for breeding purposes.
It is important to note that the leasing period must be known. Maliki scholars and others have maintained the impermissibility of leasing a stud for an undetermined period such as until the female is impregnated.
Allah the Almighty knows best.