They add: Abū Muḥammad Ibn Ḥazm (1) records a consensus that the incident of al-Ṣiddīq’s wager was abrogated, for he says: “The community (2) whose collective transmission is protected from error has unanimously agreed that al-maysir, which Allah the Exalted forbade, is gambling. It is when one man plays against another on the understanding that whoever prevails takes from the defeated party the stake they have both placed between them—just as two wrestlers grapple or two riders race on condition that the victor receives from the loser such-and-such, as a stake and a gamble. That is the maysir Allah has prohibited. The Prophet ﷺ said: ‘Whoever says to his companion, “Come, let me gamble with you,” must give charity instead.’ (3)

They continue: Only two juristic positions are known on this matter:
• The view that forbids either contestant to lay down a stake, whether or not a muḥallil—a third, stake-free entrant—is present; this is the well-known position of Mālik (4).

Abū ʿUmar Ibn ʿAbd al-Barr (5) said: “Mālik declared, ‘We do not follow Saʿīd ibn al-Musayyib’s opinion concerning the muḥallil, and no muḥallil is required in horse racing.’”