ḥabl al-ḥabala: this is where one sells the unborn offspring of a she-camel—namely, the camel first gives birth, and then the fetus that had been in her womb also gives birth. Some scholars understood the prohibition to target the fact that the term of payment is unknown, and for that reason Mālik forbade every sale that is deferred to an indeterminate time. Others held that ḥabl al-ḥabala refers to selling “the fetus of a fetus.” All of this has been discussed in detail in the appropriate sections of al-Tamhīd.

Among the transactions classified as gharar are: selling fish while they are still in the water; birds while they are still in the air; stray animals; a runaway slave; a fugitive camel; and unmanageable camels. An exception is made when the purchaser of the runaway slave claims he knows its whereabouts, or the purchaser of the fugitive or refractory camel claims he has the strength and the know-how to capture it. In that case the sale is valid according to most of Mālik’s companions, provided the two parties agree on a reduced price; if the buyer actually captures the animal, the price is then paid.

Also included in gharar is the sale of a debt owed by an insolvent person or by someone who has died. Whenever any gharar sale takes place, it is to be rescinded so long as that is still possible. If the buyer has already taken possession and the object then perishes, the seller must refund its value if the item was a non-fungible good or an animal—fish or otherwise. If the object was gold, silver, or a food sold by volume or weight, the buyer receives the same amount, of the same quality, measured or weighed as it was on the day he took possession.

Another gharar transaction the Prophet forbade is mulāmasa, where a man merely touches a piece of cloth—without unfolding it or examining its qualities—and buys it on that basis. The same ruling applies to the sale of teak cloth rolled up in its sack, or any folded garment that is sold without inspection; to sales conducted at night of items that need to be seen and turned over but are not; and to purchases made by a blind person who relies solely on the sense of touch. In all such cases, if the goods are still intact the sale is annulled; if they have perished or been lost, the buyer is refunded their value—whatever that may be—calculated as of the day he took possession.

Of the same nature is the sale called munābadah, where one man throws a garment to another and, in exchange, the other throws a garment back to him.