حَدَّثَنَا يَحْيَى بْنُ يَحْيَى التَّمِيمِيُّ، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ، حَبَّانَ عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الْمُلاَمَسَةِ وَالْمُنَابَذَةِ ‏.‏
Translation

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade (two types of transactions) Mulamasa and Munabadha

Comment

The Book of Transactions - Sahih Muslim 1511a

This narration from Abu Huraira (Allah be pleased with him) documents the Prophet's prohibition of two specific pre-Islamic commercial practices: Mulamasa and Munabadha.

Explanation of Mulamasa

Mulamasa (touching transaction) refers to a practice where a buyer would purchase goods merely by touching them without proper inspection. This type of sale was prohibited due to the element of gharar (uncertainty) and potential deception, as the buyer might not properly examine the merchandise's quality or defects.

Explanation of Munabadha

Munabadha (throwing transaction) involved a seller throwing a garment or item toward a buyer, whereby the sale would be concluded without mutual consent or proper offer and acceptance. This practice was forbidden because it lacked the essential elements of a valid Islamic contract, particularly mutual consent (taradin) and clear terms.

Scholarly Commentary

Classical scholars emphasize that these prohibitions establish fundamental principles for Islamic commerce: transactions must be free from uncertainty (gharar), based on mutual consent, and conducted with proper inspection and transparency. The wisdom behind these prohibitions protects both parties from potential disputes and ensures fairness in commercial dealings.

Imam Nawawi comments that these forms of sale were common in Jahiliyyah (pre-Islamic ignorance) and Islam came to abolish all practices that contained elements of deception, gambling, or uncertainty in commercial transactions.