training in the instruments of combat. This is a great and significant benefit, before which the harm arising from gambling becomes negligible. The Sacred Law as a whole consists of benefits, either predominant or unalloyed.
As for what is not permissible, whether for a stake or otherwise, it is competition in prohibited matters, such as competing in transgression against people, highway robbery, and the like; or competing in playing chess, backgammon, and other such things that greatly distract one from important religious or worldly duties and bring no benefit. This is the governing criterion: what is impermissible even without a stake is either intrinsically prohibited, such as competing in transgression against people, highway robbery, plundering wealth, terrorizing those who are secure, and the like. This is forbidden whether a stake is involved or not.
Or it may be something that is highly distracting, to which the heart becomes greatly attached, and in which there is neither goodness nor benefit, such as backgammon, chess, and similar games, the varieties of which have become numerous in the present time.
It is necessary to specify the two mounts, for them to be of the same type, as well as the archers and the distance, according to what is customary. It is a juʿālah contract, which either party may revoke. ..............
His statement, “It is necessary to specify the two mounts,” means the two upon which the race is to take place. Thus, for example, one says, “I will race you on this camel,” and the other says, “I will race you on this camel.” Or one says, “I will race you on this horse,” and the other says, “I will race you on this horse.” But if he says, “I will race you on a horse,” without specifying it, the contract is not valid. Therefore, the two horses or two camels, for example, must be specified.
The apparent meaning of the author’s words is that specifying the two riders is not a condition, because he said, “the two mounts.” The correct view, however, is that it is a condition, and this is the position of al-Shāfiʿī, and it is not