or unattainable, or beyond one’s power to deliver. All of that is gharar.

Al-Wazīr said: They are unanimously agreed that a sale involving gharar is not permissible.

2 – Every type of sale mentioned in these two hadiths is a sale of gharar; therefore, the wise Lawgiver prohibited them because the gharar and ignorance they contain give rise to two great evils:
a) Ignorance and gharar lead to the unlawful consumption of people’s wealth: one of the two parties comes out a winner without bearing any liability, while the other bears liability without securing any gain; such transactions are nothing but wagering and gambling.
b) These contracts stir up enmity and hatred, and plant spite and rancour—whereas Islam came to eradicate these ills.

3 – The prohibition of the sales listed in the two hadiths is due to one of three matters: ignorance surrounding the item, incapacity to deliver it, or its non-existence at the time of contract.

4 – His words: “purchasing what is in the wombs of livestock until they give birth” refers to selling the foetus inside its mother. This is the forbidden sale of malaqiḥ, because the foetus is unknown and thus falls under gharar. However, if the foetus is sold together with its mother, the contract is valid, for it is an appendage, not an independent item. The legal maxim that applies here is: “What cannot be sold on its own may be sold incidentally.”

5 – His words: “and the sale of what is in the udders of livestock” – because the amount of milk is unknown, this too is a sale of gharar.

6 – His words: “and the purchase of a runaway slave” – since he cannot be obtained or delivered, this is another form of gharar sale; the same ruling applies to a stray camel, a bird in the sky, and the like.

7 – His words: “and the purchase of spoils of war before they are divided” – because the share of each combatant is unknown. If a specific portion of the booty is sold, in addition to the ignorance involved there is the further flaw of selling what one does not yet own; he has sold what is not in his possession.

8 – His words: “and the purchase of charity goods before they are taken possession of” – the reason for the prohibition is the uncertainty regarding the amount,