disputed over inheritances whose details had been lost. He said to them, ‘Seek what is right, draw lots, and let each of you release the other from any claim.’”

Drawing lots is accepted by the people of Medina and those who agree with them, such as al-Shāfi‘ī, Ahmad, and others. Those among the Kufans who disagree with them do not accept it. Indeed, some of them are reported to have said, “Drawing lots is gambling,” classifying it as a game of chance. Yet the distinction between drawing lots as prescribed by the Messenger of Allah, may Allah bless him and grant him peace, and the gambling he prohibited is clear and evident.

Lots are drawn only when rights are equal and no particular person or share can otherwise be selected. This is of two kinds:

The first is where no particular entitlement has already been determined, as with joint owners when there is no allotted share, so that each person’s share is determined by drawing lots. Other examples are the slaves whom the Prophet, may Allah bless him and grant him peace, divided into three groups, and the wives, one of whom a man wishes to take on a journey. Those who accept drawing lots agree that it is used in such cases.

The second is where the rightful selection is already determined in reality, as in the story of Jonah and the case of the two rival claimants. Other examples include drawing lots when a man frees a particular slave and then forgets which one, or divorces one of his wives and then forgets which one, or dies, and similar cases. This kind of drawing lots is disputed: Ahmad permits it, whereas al-Shāfi‘ī does not.