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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on selling sheep by dividing them with a stick and the criterion for the prohibited form

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Question:
He says: Honorable Shaykh, may Allah grant you success. The questioner says: Among us in the desert, the practice of selling by the stick is widespread. It is that if one of them wants to buy half of another person's sheep, they strike with the stick from the middle to divide them into two halves, so the right half is for the buyer, for example, and the left half remains with the seller. What is the ruling on this practice?

Answer:
Meaning, they separate the sheep with pebbles, and then after they are divided into two groups, they sell one of the groups? This is separating what is intended to be sold from what is not intended to be sold. He says: Honorable Shaykh. If he throws the stick and says, "I am selling you from this sheep whatever the stick falls on," or "I am selling you from this sheep up to where the stick or pebble falls," this is not permissible, because this is gharar (excessive uncertainty in a contract); one does not know where the pebble will fall. For this reason, the Prophet (peace and blessings be upon him) prohibited selling by the pebble, which is that one throws a pebble on the ground and says to you, "From this land, whatever the pebble falls in is yours, from this land up to where the pebble falls." This is prohibited.
In the authentic collections, if there is ignorance in it, because one does not know what the pebble will fall on, whether near or far. Likewise, the stick, if he throws it and says, "Whatever the stick falls on," it is a nuisance; this is unknown and is not valid.
Source قناة «العلامة الدكتور صالح الفوزان»، [3436/1911] حكم بيع الغنم بتقسيمها بالعصا وضابط الصورة المنهي عنها - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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