Selling animal semen and renting out studs for breeding
9-1-2015 | IslamWeb
Question:
Assalamu alaykum, I am a veterinary doctor. Please what's the ruling on buying and selling of animal semen or hiring of males with desired traits for the purpose of producing an offspring with superior genetic traits such as bigger body size, higher amount of milk produced etc. Jazakallahu khayr
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The ruling on selling animal semen differs depending on the different scholarly views on its ritual purity. Shaykh Muhammad Mukhtaar Ash-Shinqeeti 
said: "Based on the scholarly opinion that animal semen is ritually impure, it is impermissible to sell it because selling impure substances is prohibited by the Sharee‘ah. However, based on the other scholarly opinion that it is ritually pure, it is permissible to sell it because of its ritual purity like any other pure substance." [Commentary on Zaad Al-Mustaqni‘]
Hanafis hold that semen is impure, whether of human beings or animals. Maalikis, on the other hand, hold that the semen of human beings and inedible animals (whose flesh is unlawful to eat) is impure and there is no difference of opinion among the Maaliki scholars concerning this. However, they hold different opinions regarding the ritual purity of the semen of the edible animal (whose flesh is lawful to eat). The Shaafi‘is, in their more correct opinion concerning this, hold that the semen of the non-human is impure, while the Hanbalis hold that the semen of the edible animals is pure and that of inedible animals is impure. The different scholarly opinions concerning this are detailed in Al-Mawsoo‘ah Al-Fiqhiyyah (The Kuwaiti Encyclopedia of Jurisprudence).
Even based on the scholarly view that animal semen is ritually pure, the Prophet, sallallaahu ‘alayhi wa sallam, forbade the earnings of the copulation of a stud. [Al-Albaani: Saheeh (sound)] This indicates that it is disliked to sell the semen of a stud just as is the case with the fees of the cupper (who performs Hijaamah). It has been reported, though, that the Prophet, sallallaahu ‘alayhi wa sallam, paid the fees of the cupper and this indicates the permissibility of this act. He also forbade it, indicating that it is disliked. Similarly, it is disliked to charge fees for the stud's semen.
Scholars held different opinions regarding hiring out a stud for copulation. Ibn Al-Munthir said, "Scholars differed regarding the permissibility of renting out a stud for copulation for a particular period of time in return for a fixed fee. Some scholars, such as Al-Hasan and Ibn Seereen 
held that it is allowed. Imaam Maalik also deemed it allowable." [Al-Ishraaf]
Al-Mudawwanah reads, "It is permissible to hire out the stud for copulation for a fixed period of years or months; however, it is invalid to rent it out until the female conceives (becomes pregnant)." This means that it is permissible to rent it for a fixed period and that it is impermissible to rent it out until the female conceives because of the uncertainty involved.
Allaah Knows best.