Chapter: Rulings on the Forms of Sale the Prophet—peace and blessings be upon him—forbade

The Prophet (peace be upon him) forbade combining a loan with a sale, and the legal ruling for that has already been discussed in the chapter on invalid sales. He likewise prohibited sales involving gharar, as well as the sale of mudāmin and mulāqiḥ. Much of what pertains to gharar transactions has been covered under invalid sales.

In sum, gharar embraces any transaction between two parties that entails risk, gambling, or ignorance of the item being sold and of most of its qualities. If the unknown element is slight, or the uncertainty affects the deal only marginally, and there is no intention to indulge in gharar, the sale is not among those gharar transactions that are forbidden, for the prohibition addresses only one who deliberately engages in it.

Among the forms of gharar is the sale of fetuses still in their mothers’ wombs, known as mudāmin and mulāqiḥ. Scholars differ over these terms: some say mulāqiḥ refers to what is in the backs of the males, while mudāmin denotes what is in the wombs of the females; others say the reverse—that mulāqiḥ is in the wombs of the females and mudāmin in the backs of the males.

As for the sale of