Two fasts and two kinds of sale are forbidden: fasting on the day of `Id ul Fitr and `Id-ul-Adha and the kinds of sale called Mulamasa and Munabadha. (These two kinds of sale used to be practiced in the days of Pre-Islamic period of ignorance; Mulamasa means when you touch something displayed for sale you have to buy it; Munabadha means when the seller throws something to you, you have to buy it.)
Hadith Prohibition of Two Fasts and Two Sales
From the Sahih of Imam al-Bukhari, Hadith 1993, concerning the Book of Fasting.
Exegesis of the Prohibited Fasts
The two days of Eid, al-Fitr and al-Adha, are divinely designated as days of celebration, gratitude, and feasting for the Muslim Ummah. Fasting on these days is a clear contradiction of their legislated purpose. The day of Eid al-Fitr marks the completion of the blessed month of Ramadan, and fasting on it is akin to adding to the divinely prescribed worship, which is rejected. The day of Eid al-Adha occurs during the days of Hajj when pilgrims and non-pilgrims alike are commanded to eat from their sacrifices.
Thus, fasting on these days is forbidden (haram) by the consensus of the scholars, as it opposes the Sunnah and the collective practice of the Muslims.
Exegesis of the Prohibited Sales
The two forms of transaction, Mulamasah and Munabadhah, are explicitly forbidden because they are forms of gharar (excessive uncertainty and risk). Gharar invalidates a contract because it leads to disputes and the devouring of property unjustly.
Mulamasa: A sale where the buyer is obligated to purchase an item merely by touching it, without proper inspection of its price, condition, or even what specific item is being sold. This is pure ignorance and gambling.
Munabadha: A sale where the seller throws a garment or item toward the buyer, and the sale is concluded upon this action, again without a proper offer and acceptance based on certain knowledge. This was a practice of the Age of Ignorance (Jahiliyyah) that Islam came to abolish.
The wisdom of this prohibition is to establish justice and transparency in commercial dealings, ensuring that all parties consent with full knowledge, thus preserving rights and fostering trust within the community.
Legal Ruling and Wisdom
The ruling for fasting on the two Eids is prohibition (tahrim). The ruling for conducting Mulamasa or Munabadha sales is invalidity (butlan); such contracts are null and void.
The overarching wisdom is the establishment of clarity, the removal of harm, and the preservation of the intended purposes of Islamic rites and commercial law. It teaches us that worship must be performed according to divine instruction, not personal whim, and that our worldly transactions must be founded upon mutual consent and certainty.