Book of Sales (Kitāb al-Buyūʿ)
468 — They unanimously agree that the sale of a free person is null and void.
469 — They unanimously agree that selling carrion is forbidden.
470 — They unanimously agree that the sale of wine is impermissible.
471 — They unanimously agree that trading in whatever Allah has forbidden—carrion, blood, and swine (1)—is unlawful.
472 — They unanimously agree that buying or selling swine is prohibited.
473 — They unanimously agree that the sale of ḥabal al-ḥabala (2), the unborn offspring in the womb of a she-camel, and the transaction known as al-majr—selling what is still in the wombs of females (3)—are all invalid.
474 — They unanimously agree on the invalidity of selling muḍāmin and mulāqīḥ. Abū ʿUbayd said that these refer, respectively, to what is in the loins and what is in the wombs (4).
475 — They unanimously agree that the Prophet ﷺ forbade the sale of grain while it is still in the ear until it has turned white and is safe from blight; he prohibited it for both seller and buyer. Al-Shāfiʿī alone initially dissented, but when the ḥadīth of Ibn ʿUmar (5) reached him, he withdrew his objection.
(1) The prohibition of carrion, blood and swine flesh is stated in several Quranic verses, among them: “He has only forbidden you dead meat, blood, the flesh of swine and whatever has been dedicated to other than Allah. But whoever is compelled, without willful disobedience or transgression, incurs no sin; indeed Allah is All-forgiving, All-merciful” (Surat al-Baqarah, 2:173).
(2) The ban on the sale called ḥabl al-ḥabla appears in the hadith of Ibn Umar, reported by al-Bukhari (2143) and Muslim (1514).
(3) Ibn Qudama states in al-Mughni (4/146): “Ibn al-Aarabi said: al-majr is the foetus in a she-camel’s womb; al-majr also denotes usury, gambling, muhaqala and muzabana.”
(4) Ibn Qudama continues in al-Mughni (4/146), after quoting the author’s text above: “The sale of a foetus in the womb is invalid for two reasons: first, it is unknown in nature—its qualities and even its life are uncertain; second, delivery is beyond the seller’s control, unlike an absent good whose delivery can at least be initiated.”
(5) The hadith of Ibn Umar is recorded through several chains in the two Sahihs and elsewhere. Al-Bukhari (1486) narrates, via Abdullah b. Dinar, that he heard Ibn Umar (may Allah be pleased with him) say: “The Prophet forbade selling fruit until its soundness is evident; when asked what that meant, he replied: ‘Until the blight has disappeared.’”
Al-Bukhari (2194) also transmits: “Abdullah b. Yusuf told us, Malik reported from Nafi from Ibn Umar that the Messenger of Allah forbade selling fruit until its soundness is evident—he prohibited both seller and buyer.” Muslim (1534) relates the same report from Yahya b. Yahya, and Abu Dawud (3367) from al-Qanabi, both through Malik.
Muslim (1535) further reports: “Ali b. Hajar and Zuhayr b. Harb told us, Ismail reported from Ayyub, from Nafi, from Ibn Umar that the Messenger of Allah forbade selling date-palms until they begin to ripen and ears of grain until they whiten and freedom from blight is assured—he prohibited both vendor and purchaser.”
Al-Tirmidhi added: “There are similar reports from Anas, Aisha, Abu Hurayra, Ibn Abbas, Jabir, Abu Saʿid and Zayd b. Thabit. Abu Isa said: The hadith of Ibn Umar is sound and authentic; the scholars among the Companions and those after them acted on it, disliking the sale of fruit before its soundness appears. This is also the position of al-Shafiʿi, Ahmad and Ishaq.”