3377 - Qutaybah ibn Saʿīd and Aḥmad ibn ʿAmr ibn al-Sarḥ narrated to us — and this is his wording — they said: Sufyān narrated to us, from al-Zuhrī, from ʿAṭṭāf ibn Yazīd al-Laythī, from Abū Saʿīd al-Khudrī: that the Prophet, peace and blessings be upon him, forbade two kinds of sales and two kinds of garments. As for the two sales, they were al-mulāmasah (touching) and al-munābadhah (throwing). As for the two garments, they were ishtimāl al-ṣammā' (wrapping oneself entirely in a garment without leaving an opening) and that a man should sit in iḥtibā' (drawing his knees up wrapped in a single garment) while uncovering his private parts, or having nothing of the garment over his private parts.

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= ...or fruit of a tree that has not yet borne, and similar matters whose occurrence is unknown and cannot be known whether they will happen or not. For indeed, in such cases the sale is annulled.

The Prophet, peace and blessings be upon him, only forbade these sales to protect wealth from being squandered and to cut off disputes and quarrels that might arise among people concerning them.

The categories of gharar (uncertainty) are many, and their common principle is whatever enters into the intended object of the transaction through ignorance.

As for the sale of the pebble (bayʿ al-ḥaṣāh), it is interpreted in two ways:
One: that a man throws a pebble and makes its throwing the means of concluding the contract — when it falls, the sale becomes binding, and the buyer then has no option (to cancel).
The other: that a man passes by a flock of sheep and throws a pebble among them, and whichever sheep the pebble strikes, he has acquired it by the sale. This is among the category of gharar that is forbidden.

(1) Its chain of transmission is sound. Sufyān: he is Ibn ʿUyaynah.
It was also recorded by al-Bukhārī (6284), Ibn Mājah (2170) and (3559), and al-Nasā'ī (4512) and (5341) via the chain of Sufyān ibn ʿUyaynah, with this chain of transmission. Ibn Mājah and al-Nasā'ī separated the two garments from the two sales.
It was also recorded in abbreviated form mentioning only the two garments by al-Bukhārī (367) and (5822), and al-Nasā'ī (5340) via the chain of ʿUbayd Allāh ibn ʿAbd Allāh, and by al-Bukhārī (1991) via the chain of Yaḥyā ibn ʿUmārah al-Māzinī, both from Abū Saʿīd al-Khudrī.
It is also in the "Musnad" of Aḥmad (11022) and (11023).
And see what follows it. =