Explanation of the author's statement: "And the sale of al-mulamasah and al-munabadhah is not valid, nor is the sale of a slave from among his slaves, or the like thereof"
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The Shaykh : He said, "And the sale of al-mulamasah is not valid". The sale of al-mulamasah: al-mulamasah is a form of mutual action, and mutual action usually involves two parties. Al-mulamasah is when the seller says to the buyer, "Whatever garment you touch is yours for such-and-such amount." The sale is not valid. Why? Because the buyer might touch a garment worth one hundred, or a garment worth only ten. It is unknown and involves gharar (excessive uncertainty). It is undoubtedly like gambling, if not actually gambling. There is also another form of al-mulamasah: "Whatever garment you touch is yours for ten," even if the garments are of the same type and the same detail. This aspect is based on the invalidity of making a sale conditional. "Whatever garment you touch" is a conditional clause. However, this last example is only valid according to those who say that making a sale conditional is not valid, which is a matter of scholarly disagreement. The correct view is that it is valid to make a contract conditional. Now, likewise, the sale of al-munabadhah is not valid. For example, if the buyer says to the seller, "Whatever garment you throw at me is ten." What does the seller choose in this case?
The questioner : ... .
The Shaykh : The least, the least possible amount, so it becomes unknown. Perhaps if he throws a garment, it is worth ten, while he thought he would throw one worth one hundred. He says, "I do not want that." He says, "Throw another, take twenty." He says, "What?" It remains with him in a cycle. Therefore, the sale of al-munabadhah is not valid. Now.
If someone asks, "What is the evidence?" We say the evidence is general and specific. As for the general, it is the hadith of Abu Hurayrah that the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 3376Sahih (Al-Albani) This hadith, glory be to Allah, is a great principle. It also contains a specific prohibition, as the Messenger prohibited the sale of al-mulamasah and al-munabadhah. Now.
The sale of al-hasat (the pebble) is like it; the sale of al-hasat is not valid. It has two forms. The first form is when he says, "Throw a pebble, and whatever it lands on is yours for ten." So he throws the pebble and it lands on an empty box of matches. How much is it? Ten. He throws another pebble and it lands on jewelry set with gems worth thousands. So is there ignorance (unknownness) in it or not? There is ignorance. This is one form.
The second form is when he says, "Throw this pebble, and whatever distance it reaches on the ground is yours for such-and-such." This is also unknown because the situation varies. A man who is active and strong will throw it farther, and another man who is less so will not, so the situation differs. Then the situations differ depending on the wind; it may be head-on, on the side, or tailwind, so they differ.
Therefore, the sale of al-hasat is prohibited and not valid because it is gharar (excessive uncertainty), and the Prophet (peace and blessings be upon him) prohibited the sale of gharar. Now.
"Nor is the sale of a slave from among his slaves, or the like thereof". That is to say, now, before we leave, I find in some shops everything for five, everything for ten. Is this of this type?
The questioner : No.
The Shaykh : Why?
The questioner : Its price is one.
The Shaykh : Because he will not buy unless he knows what he wants. He says, "I took the bag, I took the book, I took the pen, I took the watch." It is known. Now, a person has, for example, a carton containing clothes: shirts, caps, headscarves, shawls, and sandals, all mixed together. He says, "Each item is one dirham." Is it valid or not valid?
The questioner : It is valid.
The Shaykh : Yes? I told you, this carton contains all the types I mentioned.
The questioner : ... In a lump sum?
The Shaykh : In a lump sum, in a lump sum. He says, "I sold you this carton." Yes, each item is ten?
The questioner : It is not valid.
The Shaykh : It is not valid because it is unknown. But if he said, "There are ten sandals, ten garments, ten caps, ten headscarves, ten shawls, and each is such-and-such," this is valid. Why? Because it is known, but it requires calculation, so it is known. But if the amount of each item is not known, this is not valid.
He said, "Nor is the sale of a slave from among his slaves, or the like thereof". It is not valid to sell a slave from among his slaves. A person has one hundred slaves. Can a person have one hundred slaves? Yes. In the past, al-Zubayr had one thousand slaves, a whole village. He would lease them out, giving each of them one dirham a day, so they would give him one thousand dirhams a day and say, "The rest is yours." This is called al-mukhارجah. The master leases out his slave and says, "Bring me one dirham every day, and whatever is extra is yours." But if he does not obtain the dirham, he is not obligated to pay it, because if he were obligated to pay it, it would not be permissible. But if he said, "Bring me one dirham, and whatever is extra is yours," this is permissible. Now, a slave from among his slaves is not valid. May Allah will it, it will come.
Is there a question? Now.
The questioner : ... .
The Shaykh : The least, the least possible amount, so it becomes unknown. Perhaps if he throws a garment, it is worth ten, while he thought he would throw one worth one hundred. He says, "I do not want that." He says, "Throw another, take twenty." He says, "What?" It remains with him in a cycle. Therefore, the sale of al-munabadhah is not valid. Now.
If someone asks, "What is the evidence?" We say the evidence is general and specific. As for the general, it is the hadith of Abu Hurayrah that the Prophet (peace and blessings be upon him) said:
forbade the type of sale which involves risk (or uncertainty)
نهى عن بيع الغررThe sale of al-hasat (the pebble) is like it; the sale of al-hasat is not valid. It has two forms. The first form is when he says, "Throw a pebble, and whatever it lands on is yours for ten." So he throws the pebble and it lands on an empty box of matches. How much is it? Ten. He throws another pebble and it lands on jewelry set with gems worth thousands. So is there ignorance (unknownness) in it or not? There is ignorance. This is one form.
The second form is when he says, "Throw this pebble, and whatever distance it reaches on the ground is yours for such-and-such." This is also unknown because the situation varies. A man who is active and strong will throw it farther, and another man who is less so will not, so the situation differs. Then the situations differ depending on the wind; it may be head-on, on the side, or tailwind, so they differ.
Therefore, the sale of al-hasat is prohibited and not valid because it is gharar (excessive uncertainty), and the Prophet (peace and blessings be upon him) prohibited the sale of gharar. Now.
"Nor is the sale of a slave from among his slaves, or the like thereof". That is to say, now, before we leave, I find in some shops everything for five, everything for ten. Is this of this type?
The questioner : No.
The Shaykh : Why?
The questioner : Its price is one.
The Shaykh : Because he will not buy unless he knows what he wants. He says, "I took the bag, I took the book, I took the pen, I took the watch." It is known. Now, a person has, for example, a carton containing clothes: shirts, caps, headscarves, shawls, and sandals, all mixed together. He says, "Each item is one dirham." Is it valid or not valid?
The questioner : It is valid.
The Shaykh : Yes? I told you, this carton contains all the types I mentioned.
The questioner : ... In a lump sum?
The Shaykh : In a lump sum, in a lump sum. He says, "I sold you this carton." Yes, each item is ten?
The questioner : It is not valid.
The Shaykh : It is not valid because it is unknown. But if he said, "There are ten sandals, ten garments, ten caps, ten headscarves, ten shawls, and each is such-and-such," this is valid. Why? Because it is known, but it requires calculation, so it is known. But if the amount of each item is not known, this is not valid.
He said, "Nor is the sale of a slave from among his slaves, or the like thereof". It is not valid to sell a slave from among his slaves. A person has one hundred slaves. Can a person have one hundred slaves? Yes. In the past, al-Zubayr had one thousand slaves, a whole village. He would lease them out, giving each of them one dirham a day, so they would give him one thousand dirhams a day and say, "The rest is yours." This is called al-mukhارجah. The master leases out his slave and says, "Bring me one dirham every day, and whatever is extra is yours." But if he does not obtain the dirham, he is not obligated to pay it, because if he were obligated to pay it, it would not be permissible. But if he said, "Bring me one dirham, and whatever is extra is yours," this is permissible. Now, a slave from among his slaves is not valid. May Allah will it, it will come.
Is there a question? Now.