We will go on completing what we have stopped at in the previous episode regarding the Hadeeth reported by Al-Bukhaari and Muslim, may Allaah have mercy upon them, from ‘Abdullaah ibn ‘Umar, may Allaah be pleased with them, that the Messenger of Allaah, peace and blessing be upon him, forbade the sale called 'Habal-al-Habalah which was a kind of sale practiced in the Pre- Islamic Period of ignorance. One would pay the price of a she-camel which was not born yet would be born by the immediate offspring of an extant she-camel.”

Thirdly, this Hadeeth mentioned this kind of trade transactions because it is one of the forms of transactions during the pre-Islamic era. Wisdom behind forbidding it is because it is one of the transactions of Gharar (i.e. uncertainty, risk, etc.) that leads to gambling and consuming people’s wealth unlawfully that in turn leads to quarreling, disputes, hostility, , and enmity.

Any trade transaction implies uncertainty and gambling is actually prohibited. This is a well known Islamic basic principle. Prominent scholar ‘Abdur-Rahmaan ibn As-Sa‘di, may Allaah have mercy upon him, explained this issue in great details saying: “This basic principle i.e. the second basic principle of prohibiting the transactions that imply uncertainty and risk is because it is proved by the Noble Quran, honorable Sunnah, and consensus of Muslims the prohibition of gambling which is of two kinds: “One exists in competitions and betting. All of these is prohibited and Lawgiver does not allow it except what may help in fulfilling worship and striving in the Cause of Allaah The Almighty such as receiving prizes in through marksmanship, horsemanship and camel-riding racing. The second kind of gambling exists in trade transaction and the Prophet, peace and blessing be upon him, prohibited the sale of uncertainty. This includes all forms of transactions and renting. That is because the matter that its occurrence is something doubtful or its meant conditions and characteristics are unknown are included in uncertainty because one of the two parties of the contact will win or suffer loss and thus it has all risks such as betting. For the sake of this basic principle, jurists stipulated in trade transaction that the price and sold item must be known because not knowing one of them implies uncertainty and risk. They have stated to me many examples of ignorance. However; some of them have apparent ignorance regarding which Muslim scholars do not hold different opinions in prohibiting it such as selling the fetus in the womb and Habal Al-Habalah, sale of Al-Mulaamasah, Al-Munaabathah, Al-Hasaah and the like. Another kind is the trade transaction that its ignorance is light. Some of the scholars included it as uncertainty while some other do not and thus made it allowed such as the selling conducted as what so-and-so or people sold for, or with what makes the price decisive and the like of what scholars hold different opinions regarding it while they agree on the base of the basic principle; however, they hold different opinions regarding certain cases, whether the basic principle applies to it or not? The most correct of them is what is in conformity with what people used and accustomed to do. For the sake of this basic principle, they have included amongst the conditions of sale and its forms is being able to deliver the sold item and thus they prohibited selling of what is missing and the like of what its deliver is doubtful. In the same sense, they stipulated in renting and hiring knowing the hired or rented item, being able to deliver it and knowing the costs of the rent or hiring. That is because if one does not know this, this will be a form of uncertainty and risk. They included it in the exception of the unknown of what is known because it will become unknown and stipulated that the price and the sold item must be due in an unknown period as it was stated in the Saheeh (i.e. authentic) Hadeeth in which the Prophet, peace and blessing be upon him, said: “Whoever pays in advance the price of a thing to be delivered later should pay it for a specified measure at specified weight for a specified period.” Not knowing this is included in uncertainty. Like this is the selling of something without using its benefits. Then, they have to be known for a certain period such as selling a rid and stipulate not using its back or selling the house and stipulating not living in it. All of them have to be known due to this basic principle.

Then, he, may Allaah have mercy upon him, went on mentioning some cases that imply uncertainty saying: “Amongst the forms of Gharar (i.e. uncertainty) in partnerships, Al-Musaaqaah , Al-Muzaara‘ah  and the like is to stipulate for one of them the profits of one of the two commodities or certain amount of money from gains. The types of uncertainty also include that one has to pay certain measure or certain weights but gives uncertain measure or weight because he may give him his right or more or less than it and thus it implies risk. However, if he gives him unknown thing for all of his right and it is surely less than of it but from its class and kind, then there will be no harm in this case because there is no possibility that he gave him more than his right; rather, both of them knew that he gave him less than his right; however, he exempted him from the unknown rest. Really, need may in many cases require this. In fact, forms of uncertainty are very numerous.  

Then, he, may Allaah have mercy upon him, said: “As for the wisdom behind prohibiting Gharar (i.e. uncertainty), it is the same of prohibiting gambling because it has the same corruptions of alcohol. In this regard, Allaah The Almighty Says (what means): {O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allaah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful. Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allaah and from prayer. So will you not desist?} [Quran 5: 90 - 91]

Allaah The Almighty told that it is nothing but defilement and evil and that it is from the work of Satan, and all of his works are evil and imply no good at all and all like this have to be avoided. He, Exalted be He, based successfulness on avoiding it and told that he (i.e. Satan) wants to cause among people animosity and hatred. That is because one of those who engage in a risk regarding trade transaction has to win and deceive the other, and thus the latter will be defeated and deceived and witness his defeat with his own eyes and thus his sadness, hatred, seeking evil and animosity for the other will be untold because this is a clear oppression. Thus, out of the mercifulness and wisdom of the Lawgiver, He prohibited this kind that its evil becomes clear and explicit while it has no goodness at all and even become a reason for causing much harm and that the life of human cannot be upright except by abiding by the rulings of Islam in much the same as their religion is.”    

We ask Allaah The Almighty to provide us a good understanding in His religion for He, the Most Exalted, is able to do all of such things. Peace and blessings be upon our Prophet Muhammad, and upon his family and all of his companions.

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(1) It means giving planted or unplanted trees along with a piece of land to someone to plant them therein, water them, and perform the necessary work until they bear fruit, The farmer then is to be given a specified share of the fruits of these trees, from an unspecified part of the land, while the rest goes to their owner. (Translator)

(2) It is defined as giving a land to someone to cultivate or giving a land along with some seeds to someone to plant them therein and take care of the plantation in return for a specified portion of the harvest, from an unspecified part of the land, while the rest is for the landowner. (Translator).

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