or suffering a loss: if he is able to obtain it, he gains; but if it eludes him, he loses. This is the very basis of gambling.

Second: Allah’s saying:

“Believers! Do not consume one another’s wealth unjustly, but only through lawful trade by mutual consent.” [al-Nisa’ 4:29]

The point of evidence is that a person will generally not consent to something that cannot be delivered. No one ventures into such a transaction except a risk-taker who may obtain it, or may not.

Third: the hadith of Abu Hurayrah, may Allah be pleased with him, that the Prophet, peace and blessings be upon him, forbade sales involving excessive uncertainty. Muslim narrated it (1). The reason it involves excessive uncertainty is that an item which cannot be delivered must necessarily decrease in value. Thus, if the buyer manages to take possession of it, he gains; but if he is unable to do so, he loses. This is the harm involved.

There is no doubt that what cannot be delivered involves excessive uncertainty, for the buyer may pay the price yet derive no benefit.

Fourth: it is also established by sound reasoning. Muslims must be united as one heart, living in harmony and loving one another. Yet this type of sale gives rise to hatred and estrangement: if the buyer obtains it, the seller will feel something in his heart, envying and resenting him for it; whereas if he is unable to obtain it, the buyer will feel something in his heart, envying and resenting the seller. Whatever leads to hatred and enmity is categorically prohibited by the Sacred Law, for Islam is founded upon harmony, love, and mutual loyalty among Muslims.