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Text and translation
English translation
1230. Abū Hurairah narrated: "The Messenger of Allāh ﷺ prohibited the Gharar sale, and the Ḥaṣāh sale." (Ṣaḥīḥ)
[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbās, Abū Sa'eed, and Anas.
[Abū 'Eisā said:] The Hadīth of Abū Hurairah is a Hasan Ṣaḥīḥ Hadīth.
This Hadīth is acted upon according to the people of knowledge, they dislike the Gharar sale. Ash-Shāfi'i said: "The Gharar sale includes selling fish that are in the water, selling a slave that has escaped, selling birds that are in the sky, and similar types of sales. And the meaning of the Ḥaṣāh sale is when the seller says to the buyer:
'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munābadhah and this is one of the selling practices of the people of Jahiliyyah."
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Footnotes
1
[1] A sale involving uncertainty or deceit. It normally refers to the sale of what one does not possess, or what can not be defined, see the comments of the author.
Commentary
A sale involving uncertainty and deceitful tricks is called a sale of 'Gharar'. All such sales that are based on deceiving others are unlawful and prohibited. All A'immah and scholars agree on this issue. The example of the sale of Gharar is selling an animal which is still in the womb of the mother or sale of the fish which is still in water and the net has been thrown for their catch, or selling a slave that has escaped, or sale of birds which are in the sky and sale of run away or lost animals.
