Is a sale involving 'Munabadha' (throwing/casting) valid?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

A sale involving 'Munabadha' is invalid. Munabadha is defined as saying, 'Whichever garment I throw to you, you have purchased it for such and such a price.' The Prophet, peace and blessings be upon him, prohibited Munabadha, which involves one party throwing his garment toward the other for sale before the other turns it over or looks at it. This view is attributed as the apparent position of Ahmad, and similarly held by Malik and Al-Awza'i. The invalidity stems from two causes: uncertainty (Jahala) and being contingent upon a condition, namely the throwing or touching of the garment.