An Arabic expression (ربح ما لم يضمن) that translates as gain of non-owned assets (i.e., assets whose risk is not borne by the profit taker). The Prophet Mohammad (pbuh) forbad gains from all that cannot be guaranteed (i.e., by assuming its risk). Fuqaha are in disagreement as to the exact interpretation of this prophetic maxim (hadith). Some fuqaha define the act of guaranteeing an object (such as an asset, good, commodity, etc) as the seller’s liability for the loss that may arise from owning an object before transferring it to a buyer through some type of transaction.
Other fuqaha opine that it refers to an object the seller has not handed over to the buyer. Gain from either case is forbidden based on the principle maintaining that “gain goes to whoever assumes risk” (in Arabic, al-kharaj bil-dhaman).
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