and does not look at it, on the condition that whenever he touches it, the sale is concluded. Al-munabadha is for him to say: 'Any garment you cast (nabadhta) to me, I have bought it for such-and-such.' This is the apparent meaning of the speech of Ahmad, and Malik and al-Awza'i said something similar. In what al-Bukhari reported (2), the Messenger of Allah (peace and blessings of God be upon him) forbade al-munabadha, which is a man casting his garment for sale to a man before he turns it over or looks at it, and he forbade al-mulamasa, the touching of the garment without looking at it. Muslim reported in his 'Sahih' (3), from Abu Hurayrah, in the interpretation of these two (4), that he said: 'It is the touching of each one of them the garment of his companion without contemplation.' And al-munabadha is that each one casts his garment, and neither of them looked at the garment of his companion. According to what we have explained them as, the sale is not valid for either of them for two reasons: First, uncertainty (jahala). Second, that it is conditional, which is the casting of the garment to him, or his touching it. If he concludes the sale before casting it, saying: 'I sell you what you touch of these garments,' or 'what I cast to you,' it is neither specified nor described, and therefore it resembles a case where he says: 'I sell you one of these two' (5).

Section: Among the forbidden sales is the sale of the pebble (bay' al-hasah). For Abu Hurayrah reported that the Prophet (peace and blessings of God be upon him) forbade the sale of the pebble. Reported by Muslim (6). There is disagreement in its interpretation. It is said: It is for him to say: 'Throw this pebble, and on whichever garment it lands, it is yours for a dirham.' It is said: It is for him to say: 'I sell you from this land the amount that this pebble reaches when you throw it, for such-and-such.' And it is said: It is for him to say: 'I sell you this for such-and-such, on the condition that whenever I throw this pebble, the sale becomes binding.' All of these sales are corrupt (fasid) due to the gharar (uncertainty) and ignorance (jahl) they contain. We know of no disagreement regarding this.