The Book of Transactions - Sahih Muslim 1513

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade a transaction determined by throwing stones, and the type which involves some uncertainty.

Commentary on the Prohibition

The Prophet's prohibition of "transaction determined by throwing stones" (bay' al-hasah) refers to a pre-Islamic practice where a buyer would throw a stone at goods, and whatever the stone touched would be included in the sale. This creates ambiguity and violates the Islamic requirement for clear terms in transactions.

The prohibition of transactions involving "uncertainty" (gharar) is a fundamental principle in Islamic commercial law. Gharar refers to excessive uncertainty, risk, or ambiguity in the terms of a contract that could lead to dispute or exploitation. This includes unknown quantities, undeliverable items, or unclear conditions.

Scholarly Interpretation

Classical scholars explain that these prohibitions protect parties from potential harm and injustice. Transactions must be transparent, with clearly defined subject matter, price, and delivery terms. The wisdom behind this prohibition is to maintain fairness and prevent disputes in commercial dealings.

This hadith establishes that contracts in Islam require certainty and clarity to be valid. Any element of chance or unknown factors that could lead to one party being disadvantaged renders the transaction Islamically invalid.