11/5a. Chapter:

Mishkat al-Masabih 2854 — Business Transactions

Business Transactions which are Forbidden - Section 1

Mishkat al-MasabihHadith Number 2854

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

Abu Hurairah Narrated from:

God’s Messenger 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.

[1] Muslim # 4-1513, Tirmidhi # 1234, Abu Dawud # 3376, Nasa'i # 4518, Ibn Majah # 2194, Darimi 2563, Musnad Ahmad 2-250.Reference : Mishkat al-Masabih 2854In-book reference : Book 11, Hadith 92

Translation source

Compiler:
Al-Khatib at-Tabrizi
Translator:
James Robson
Publisher:
Darussalam Publication
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