Mishkat
al-Masabih

مشكاة المصابيح

11

Business Transactions

كتاب البيوع

 

Chapter 5a: Business Transactions which are Forbidden - Section 1

باب المنهي عنها من البيوع

Mishkat al-Masabih 2854

Abu Huraira said that Allah's Messenger ﷺ forbade a transaction determined by throwing stones1, and the type which involves some uncertainty2. Muslim transmitted it. 1. A type of transaction in which it is made binding when the buyer or the seller throws a stone; or in which a man agrees to sell to another all the commodities on which stones which he throws alight; or in which one agrees to sell another some land up to the distance to which he can throw a stone. 2. Bai' al-gharar. One might translate this ‘aleatory contracts of sale’, but this is not the only term to which that applies. The type of transaction intended is one in which there is no guarantee that the seller can deliver the goods for which he receives payment. It could include such items as selling a runaway slave, or fish which one has not caught, etc.

وَعَنْ أَبِي هُرَيْرَةَ قَالَ: نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عنْ بيعِ الحصاةِ وعنْ بيعِ الغَرَرِ. رَوَاهُ مُسلم