685 – Anas (may Allah be pleased with him) reported: “The Messenger of Allah (peace and blessings be upon him) forbade muḥāqala, muḵāḍara, mulāmasa, munābadha, and muzābana.” Related by al-Bukhārī (1).
Glossary of the ḥadith:
– al-muḵāḍara: the sale of grain or fruit before any sign of ripeness appears, without a stipulation that it be picked immediately.
– al-mulāmasa: a reciprocal transaction in which one party says to the other, “If I touch your garment and you touch mine, the sale is concluded without further consideration.” It is also explained as the seller’s saying, “Whatever cloth I touch is yours for such-and-such a price.”
– al-munābadha: a reciprocal form derived from nabdh (to throw), whereby each party tosses his garment to the other without inspection. It is likewise explained as the seller’s saying, “Whatever cloth I throw to you is yours for such-and-such a price.”
Lessons drawn from the two ḥadiths:
1 – These reports mention seven pre-Islamic modes of transaction: muḥāqala, muḵābara, muzābana, muḵāḍara, mulāmasa, munābadha, and the thunyā clause unless its particulars are explicitly defined.
2 – The default ruling on commercial dealings is permissibility and the presumption of lawfulness. Yet certain sales that were common and well-known in the Age of Ignorance were annulled by Islam because they rest on obscurity, hazardous uncertainty (gharar), and undue risk; they are transactions whose particulars are unknown