Gambling and games of chance (maysir)

In the lexicon, maysir is the gambling of the Arabs with divining arrows, or with dice, or any wager. Ibn Hajar al-Makki holds it to be gambling of any kind; al-Mahalli describes its form as wavering between gaining and losing. ¹

Malik divides maysir into the game of amusement (maysir lahw), such as dice, chess and all diversions, and gambling (maysir qimar), where people stake on an outcome. Asked about maysir, al-Qasim ibn Muhammad said it is whatever distracts from the remembrance of God and from prayer. ^{3 4}

The divining arrows (azlam) are sticks used for seeking the lot (istiqsam), which asks what fate has allotted to a person, good or bad; the difference is that istiqsam serves a decision, not the taking of money. A race wager (sabaq) is what two racers stake, and is narrower than maysir. Betting (rihan) on a contest, such as horses, is a kind of maysir. Uncertainty (gharar) is an outcome with unknown end, and is wider than maysir. Backgammon-like games (nard and the like) may be used for maysir. ^{1 2}

The jurists agree that maysir is forbidden in general. The Qur'an, in the passage that names wine, maysir, stone altars and arrows, says there is great sin in maysir and some benefit for people, and that its sin outweighs its benefit. Ibn Taymiyya held that the harm of maysir is greater than the harm of usury, since it combines eating wealth falsely with forbidden diversion. ^{2 3}

The jurists agree that gambling is forbidden. The Shafi'is hold that where money is staked by both sides, so that the winner takes it, this is forbidden gambling and a grave sin. ⁴

One who invites another to gamble is told to give alms in atonement for his words, citing the hadith of Abu Hurayra (may God be pleased with him): whoever says to his companion, come, let me gamble with you, should give alms. Al-Nawawi held that the right course is to give whatever counts as alms. ^{4 5}

A gambler's earnings are foul, and must be returned to their owners if known, or else given to the poor. The majority hold that the sale of instruments of amusement, including dice and chess, is void and does not take effect, citing the hadith of Ibn Abbas on the price of wine and maysir; Abu Hanifa holds the sale valid but disliked as forbidden. ^{4 5}

Most jurists dislike greeting open sinners while they are busy with sin, such as a gambler; some do not dislike it if one intends to distract them. Gambling for money is a grave sin, so testimony is rejected for even one act; amusement is a lesser sin, and testimony is rejected only with persistence. ⁵

The ruler must stop sins, maysir among them, and must discipline those proven guilty, since discipline applies to every sin with no fixed penalty and no atonement. ⁵