699 – Abu Saʿīd al-Khudrī (may Allah be pleased with him) reported that the Prophet (blessings and peace be upon him) forbade
(1) purchasing what is in the wombs of livestock until they deliver;
(2) selling what is in their udders (milk not yet milked);
(3) purchasing a slave while he is a fugitive;
(4) purchasing war booty before it has been apportioned;
(5) purchasing zakāt property before it has been received; and
(6) the diver’s stroke.
This was narrated by Ibn Mājah, al-Bazzār, and al-Dāraquṭnī with a weak chain of transmission. ⦗1⦘
Hadith grading:
Its chain is regarded as ḥasan (sound).
Al-Bayhaqī said: “All of these prohibitions fall under bayʿ al-gharar (sales involving excessive uncertainty) which the Messenger of Allah (blessings and peace be upon him) proscribed in an authentic hadith.”
Ibn Ḥajar added: “Ibn Mājah, al-Bazzār, and al-Dāraquṭnī reported it with a weak chain because it passes through Shahr ibn Ḥawshab, about whom several scholars—such as al-Naḍr ibn Shumayl, al-Nasāʾī, Ibn ʿAdī and others—voiced reservations. Al-Bukhārī, however, considered Shahr ibn Ḥawshab’s reports acceptable and upheld his reliability, and it is related from Aḥmad that he said, ‘How fine are his hadith!’”
Glossary
• ābiq: an absconding slave. The verb abaqa (with the three vowel patterns in the imperfect) means “to flee from one’s master.” Al-Thaʿālibī distinguishes between ābiq and hārib: an ābiq escapes without hardship, whereas a hārib does so after toil.
• maghānim: plural of ghanīma — property seized by force from combatant unbelievers.
• ḍarbat al-ghāʾiṣ (the diver’s stroke): the diver’s descent to the depths of the sea to extract pearls.