Sold

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Sold References or Citations

In Quran

Quran SuratSura and AyahPolaritySura ClassificationSura SequenceRelated SubjectsAyah TextEnglish Translation
Surat AlBaqara Ayah 90Surat AlBaqara-0.4987بِئْسَمَا اشْتَرَوْا بِهِ أَنْفُسَهُمْ أَنْ يَكْفُرُوا بِمَا أَنْزَلَ اللَّهُ بَغْيًا أَنْ يُنَزِّلَ اللَّهُ مِنْ فَضْلِهِ عَلَى مَنْ يَشَاءُ مِنْ عِبَادِهِ فَبَاءُوا بِغَضَبٍ عَلَى غَضَبٍ وَلِلْكَافِرِينَ عَذَابٌ مُهِينٌMiserable is the price for which they have sold their souls, in that they deny (the revelation) which Allah has sent down, in insolent envy that Allah of His Grace should send it to any of His servants He pleases: Thus have they drawn on themselves Wrath upon Wrath. And humiliating is the punishment of those who reject Faith.
Surat AlTaubah Ayah 9Surat AlTaubah-0.29113اشْتَرَوْا بِآيَاتِ اللَّهِ ثَمَنًا قَلِيلًا فَصَدُّوا عَنْ سَبِيلِهِ إِنَّهُمْ سَاءَ مَا كَانُوا يَعْمَلُونَThe Signs of Allah have they sold for a miserable price, and (many) have they hindered from His way: evil indeed are the deeds they have done.
Surat Yusuf Ayah 20Surat Yusuf-0.2848وَشَرَوْهُ بِثَمَنٍ بَخْسٍ دَرَاهِمَ مَعْدُودَةٍ وَكَانُوا فِيهِ مِنَ الزَّاهِدِينَThe (Brethren) sold him for a miserable price, for a few dirhams counted out: in such low estimation did they hold him!

In Hadith Text Books

Sold In Sahih AlBukhari

Hadith PageArabic TextEnglish TranslationBook and Chapter
SahihAlBukhari-017-001-2002Narrated Amr Bin AlSharid: Abu Rafi sold a house to Saad Bin Malik for four-hundred Mithqal of gold; and said; If I had not heard the Prophet ﷺ saying; The neighbor has more right to be taken care of by his neighbor than anyone else ; then I would not have sold it to you.The Chapter on Financial Transactions And Gold in HodHood Indexing, Chapter on Tricks by an official person to obtain presents in Sahih AlBukhari
SahihAlBukhari-017-001-3802Narrated Abu AlMinhal Abdulrahman Bin Mutim: A partner of mine sold some Dirhams on credit in the market. I said; Glorified be Allah! Is this legal? He replied; Glorified be Allah! By Allah; when I sold them in the market; nobody objected to it. Then I asked AlBara Bin Azib about it he said; We used to make such a transaction when the Prophet came to Medina. So he said; There is no harm in it if it is done from hand to hand; but it is not allowed on credit. Go to Zaid Bin AlArqam and ask him about it for he was the greatest trader of all of us. So I asked Zaid Bin AlArqam.; and he said the same as AlBara did.The Chapter on Forbidden Financial Transaction in HodHood Indexing, Chapter on Chapter in Sahih AlBukhari
SahihAlBukhari-017-001-4105Narrated Jabir: While I was riding a slow and tired camel; the Prophet ﷺ passed by and beat it and prayed for Allah Blessings for it. The camel became so fast as it had never been before. The Prophet ﷺ then said; Sell it to me for one Uqiya of gold. I said; No. He again said; Sell it to me for one Uqiya of gold. I sold it and stipulated that I should ride it to my house. When we reached Medina I took that camel to the Prophet ﷺ and he gave me its price. I returned home but he sent for me and when I went to him he said; I will not take your camel. Take your camel as a gift for you. Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina.The Chapter on Camels And Herdsmen And Almedinah in HodHood Indexing, Chapter on It is permissible for the seller to ride the sold animal up to a certain place in Sahih AlBukhari
SahihAlBukhari-017-001-5374Narrated Amr: Here i.e. in Mecca there was a man called Nawas and he had camels suffering from the disease of excessive and unquenchable thirst. Ibn Umar went to the partner of Nawas and bought those camels. The man returned to Nawas and told him that he had sold those camels. Nawas asked him; To whom have you sold them? He replied; To such and such Sheikh. Nawas said; Woe to you; By Allah; that Sheikh was Ibn Umar. Nawas then went to Ibn Umar and said to him; My partner sold you camels suffering from the disease of excessive thirst and he had not known you. Ibn Umar told him to take them back. When Nawas went to take them; Ibn Umar said to him; Leave them there as I am happy with the decision of Allah Messenger ﷺ that there is no oppression.The Chapter on Debt And Creditors And Wealth in HodHood Indexing, Chapter on Purchasing of camel suffering from disease in Sahih AlBukhari
SahihAlBukhari-017-001-5458Narrated Jabir: The Prophet ﷺ forbade the selling of fruits unless they get ripe; and none of them should be sold except for Dinar or Dirham i.e. money ; except the Araya trees the dates of which could be sold for dates.The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, Chapter on The selling of dates still on trees in Sahih AlBukhari
SahihAlBukhari-017-001-5492Narrated Ibn Abbas: Once Umar was informed that a certain man sold alcohol. Umar said; May Allah curse him! Doesnt he know that Allah Messenger ﷺ said; May Allah curse the Jews; for Allah had forbidden them to eat the fat of animals but they melted it and sold it.The Chapter on Financial Transaction And Lands in HodHood Indexing, Chapter on The fat of the dead animal should not be sold in Sahih AlBukhari

In Sahih Muslim

Hadith PageArabic TextEnglish TranslationBook and Chapter
SahihMuslim-017-001-17212Hammim Bin Munabbih said: Abu Huraira reported so many ahadith of Allah Messenger ﷺ ; and one of them is this: A person bought from another person a piece of land; and the person who had; bought that land found in it an earthen ware which contained gold. The person who had bought the land said to the seller of the land : Take your gold from me; for I bought only the land from you and not the gold. The man who had sold the land said: I sold the land to you and whatever was in it. They referred the matter to a person. One who was made as a judge said to them: Have you any issue? One of them said: I have a boy; and the other said: I have a young daughter He the judge said: Marry this young boy with the girl; and spend something on yourselves and also give some charity out of it.The Chapter on Financial Transaction And Lands in HodHood Indexing, Chapter on 11 in Sahih Muslim
SahihMuslim-017-001-18293Ibn Abbas Allah be pleased with him reported: This news reached Umar that Samura had sold wine; whereupon he said: May Allah destroy Samura; does he not know that Allah Messenger ﷺ said: Let there be the curse of Allah upon the Jews that fat was declared forbidden for them; but they melted it and then sold it?The Chapter on Financial Transaction And Charity in HodHood Indexing, Chapter on 13 in Sahih Muslim
SahihMuslim-017-001-18314Abu Minhal reported: My partner sold silver to be paid in the Hajj season or in the days of Hajj. He my partner came to me and informed me; and I said to him: Such transaction is not desirable. He said: I sold it in the market on loan but nobody objected to this. I went to AlBara Bin Azib and asked him; and he said: Allah Apostle ﷺ came to Medina and we made such transaction; whereupon he said: In case the payment is made on the spot; there is no harm in it; and in case it is sold on loan; it is usury. You better go to Zaid Bin Arqam; for he is a greater trader than I; so I went to him and asked him; and he said like it.The Chapter on Precious Metals Transactions in HodHood Indexing, Chapter on 16 in Sahih Muslim
SahihMuslim-017-001-21298Saeed Bin AlMusayib said that Allah Messenger ﷺ forbade the transaction of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the trees should be sold against dry dates. Muhaqala implies that the wheat in the ear should be sold against the wheat and getting the land on rent for the wheat produced in it. He the narrator said that the Prophet ﷺ had aid: Do not sell fresh fruits on the trees until their good condition becomes manifest; and do not sell fresh dates on the trees against dry dates. Salim said: Abdullah informed me on the authority of Zaid Bin Thabit; Allah Messenger ﷺ having given concession afterwards in case of ariya transactions by which dry dates can be exchanged with fresh dates; but he did not permit it in other cases.The Chapter on Agriculture Of Dates And Fresh Fruits in HodHood Indexing, Chapter on 14 in Sahih Muslim

In Sunan AlTermithi

Hadith PageArabic TextEnglish TranslationBook and Chapter
SunanAlTermithi-017-001-7704The Chapter on Boiling Drinks in HodHood Indexing, Chapter on What Has Been Related About Auctioning in Sunan AlTermithi
SunanAlTermithi-017-001-7731The Chapter on Contracts And Disputes In Selling in HodHood Indexing, Chapter on What Has Been Related About Purchasing DatePalms After Pollination And A Slave That Has Property in Sunan AlTermithi

In Sunan AlNasai

Hadith PageArabic TextEnglish TranslationBook and Chapter
SunanAlNasai-017-001-13178It was narrated that Jabir said: I went on a campaign with the Messenger of Allah riding a camel of ours; then he quoted the whole Hadih. Then he said words to the effect that: The camel got tried and the Prophet hit it; so it became energetic and came to the front of the army. The Prophet said: O Jabir; I see that your camel has become energetic. I said: It is because of your blessing; O Messenger of Allah; He said: Sell it to me; and you can ride it till we arrive in AlMadinah. So I sold it to him. I was in great need of it myself but I felt too shy to refuse. When we finished our campaign; and we were close to AlMadinah; I asked his permission to go on ahead. I said: O Messenger of Allah; I am newly married. He said; Have you married a virgin or a previously married woman? I said: A previously married woman; O Messenger of Allah. Abdullah Bin Arm died and left behind young druthers; and I did not like to bring to them someone who was like them; so I married a previously married woman who could teach the; and rise them with good manners. So he gave me permission; and said to me; Go to When I arrived; I told my maternal uncle that I had sold the camel and he scolded me. When the Messenger of Allah came; I brought the camel to him; and he gave me the price of the camel; and the camel; and share of the spoils of war with the rest of the people.The Chapter on Camels And Herdsmen And Almedinah in HodHood Indexing, Chapter on A Sale In Which There Is A condition And Both The Sale and The Condition Are Valid in Sunan AlNasai


In Sunan Abu Dawoud

Hadith PageArabic TextEnglish TranslationBook and Chapter
SunanAbuDawoud-017-001-28054Abdullah Bin Umar said: Umar Bin AlKhattab saw a silken suit sold at the gate of the Masjid. He said: Messenger of Allah; would that you purchase this suit and wear it on Friday and on the occasion when a delegation from the outside comes to you. The Messenger of Allah ﷺ said: One who has no share in the afterlife will put on this suit. Afterwards suits of similar nature were brought to the Messenger of Allah ﷺ. He gave Umar Bin AlKhattab one of these suits. Umar said: Messenger of Allah; you are giving it to me for use while you had told me such-and-such about the suit of Utarid I.e. sold by Utarid. The Messenger of Allah ﷺ said: I did not give it to you that you should wear it. Hence Umar gave it to his brother who was a disbeliever at Mecca for wearing.The Chapter on Camels And Herdsmen Milk And Urine in HodHood Indexing, Chapter on The Clothes That Should Be Worn For Friday Prayer in Sunan Abu Dawoud
SunanAbuDawoud-017-001-28323Narrated Sulamah bint Maaqil AlQasiyah: My uncle brought me to Medina in the pre-Islamic days. He sold me to AlHubab Ibn Amr; brother of AbulYusr Ibn Amr. I bore a child; Abdulrahman Ibn AlHubab; to him and he AlHubab then died. Thereupon his wife said: I swear by Allah; now you will be sold as a repayment for his loan. So I came to the Messenger of Allah ﷺ and said: Messenger of Allah! I am a woman of Banu Kharijah Qays Ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to AlHubab Ibn Amr; brother of AbulYusr Ibn Amr. I bore Abdulrahman Ibn AlHubab to him. His wife said: I swear by Allah; you will be sold for his loan. The Messenger of Allah ﷺ said: Who is the guardian of AlHubab? He was told: His brother; AbulYusr Ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me; came to me; and I shall compensate you for her. She said: They set me free; and when some slaves were brought to the Messenger of Allah ﷺ ; he gave them a slave in compensation for me.The Chapter on Financial Transaction And Lands in HodHood Indexing, Chapter on Manumission Of Ummhat AlAwlad in Sunan Abu Dawoud

In Muwata Malik

Hadith PageArabic TextEnglish TranslationBook and Chapter
MuwataMalik-017-001-34809Malik said; The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master; his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts; the mudabbar is included in the third of the bequest because he expected his work from him as long as he lived. He cannot serve him all his life; and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him; one third of him is freed; and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar; he is sold to meet the debt because he can only be freed in the third which is allowed for bequest. He said; If the debt only includes half of the slave; half of him is sold for the debt. Then a third of what remains after the debt is freed. Malik said; It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him. Malik said; His wala belongs to his master who made him a mudabbar. Malik said; It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good. Malik spoke about a slave who was shared between two men; and one of them made his portion mudabbar. He said; They estimate his value between them. If the one who made him mudabbar buys him; he is all mudabbar. If he does not buy him; his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value; that is binding; and he is all mudabbar. Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said; One separates the master and the slave; and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt; his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free.The Chapter on Selling Of Slaves in HodHood Indexing, The Book of Speech in Muwata Malik
MuwataMalik-017-001-34917Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge; and the other one had asked him to wait a year for his due. He said; If it is possible to divide the pledge; and the due of the one who asked him to wait will not be decreased; half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased; all the pledge is sold; and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself; half of the price is paid to the pledger. If not; the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form. Then he is given his due immediately. Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own; The property of the slave is not part of the pledge unless the broker stipulates that.The Chapter on Oaths And Pledges And Loans in HodHood Indexing, The Book of The Evil Eye in Muwata Malik
MuwataMalik-017-001-34950Yahya said that he heard Malik say; If a man buys a garment which has a defect; a burn or something else; which the seller knows about and that is testified against him or he confirms it; and the man who has bought it causes a new tear which decreases the price of the garment; and then he learns about the original defect; he can return it to the seller and he is not liable for his tearing it. If a man buys a garment which has a defect of a burn or flaw; and the one who sold it to him claims that he did not know about it; and the buyer has cut the garment or dyed it; then the buyer has an option. If he wishes; he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment; or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it; he can do so. If the buyer has dyed the garment with a dye which increases the value; the buyer has an option. If he wishes; he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams; and the amount by which the dyeing increased the value is five dirhams; then they are partners in the garment; each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment.The Chapter on Financial Transaction And Return in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik
MuwataMalik-017-001-34976Malik said; The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave kitaba for dinars or dirhams; he does not sell him unless it is for merchandise which is paid immediately and not deferred; because if it is deferred; it would be a debt for a debt. A debt for a debt is forbidden. He said; If the master gives a mukatab his kitaba for certain merchandise of camels; cattle; sheep; or slaves; it is more correct that the buyer buy him for gold; silver; or different goods than the ones his master wrote the kitaba for; and that must be paid immediately; not deferred. Malik said; The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom; and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him; so that a half; a third; a fourth; or whatever share of the mukatab is sold; the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner; and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him; and by buying part of himself; it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission; he is more entitled to what is sold of him. Malik said; Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it; what he owes is nullified. If he dies or goes bankrupt and he owes debts to people; then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj; a set amount deducted daily from the slave against his earnings ; which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions. Malik said; There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it; on time for the instalment or delayed. Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba; the umm walad of the father was sold if her price would pay all the kitaba for them; whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work; they all reverted to being slaves of the master. Malik said; What is done among us in the case of a person who buys the kitaba of a mukatab; and then the mukatab dies before he has paid his kitaba; is that the person who bought the kitaba inherits from him. If; rather than dying; the mukatab cannot pay; the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed; his wala goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it.The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik
MuwataMalik-017-001-35005Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them; so he hired transport to take them to another city; and he sold them there and made a loss; and the cost of the hire was greater than the principal. Malik said; If the agent can pay the cost of the hire from what the capital realized; his way is that. Whatever portion of the hire is not covered by the principal; the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable; it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor.The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of The Decree in Muwata Malik
MuwataMalik-017-001-35032Yahya related to me from Malik from a reliable source from Amr Ibn Shuayb from his father from his father father that the Messenger of Allah; may Allah bless him and grant him peace; forbade transactions in which nonrefundable deposits were paid. Malik said; That is; in our opinion; but Allah knows best; that for instance; a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal; I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you; then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal; then what I have given you is yours without liability on your part. Malik said; According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence; trading; shrewdness; and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves; two should not be bartered for one with a stated delay in the terms even if their racial type is different. Malik said; There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner. Malik said; An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar an uncertain transaction. It is not known whether the child will be male or female; good-looking or ugly; normal or handicapped; alive or dead. All these things will affect the price. Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed. Malik said; However; if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms; extended beyond the original term; that should not be done. It is disapproved of because it is as if; for instance; the seller is buying the one hundred dinars which is not yet due on a year credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it. Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case; the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month credit against sixty dinars on a year or half a year credit. That was not to be done.The Chapter on Forbidden Financial Transaction in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik
MuwataMalik-017-001-35035Yahya related to me from Malik from Yahya Ibn Said from Salim Ibn Abdullah that Abdullah Ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah Ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman Ibn Affan for a decision. The man said; He sold me a slave with a disease which he did not tell me about. Abdullah said; I sold to him with the stipulation that I was not responsible. Uthman Ibn Affan decided that Abdullah Ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah Ibn Umar refused to take the oath; so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams. Malik said; The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant; or who buys a slave and then frees him; or if there is any other such matter which has already happened so that he cannot return his purchase; and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else; is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded;from what he paid;the difference between the price of a slave who is sound and a slave with such a defect. Malik said; The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession; is that if the defect which occurred to the slave in his possession has harmed him; like loss of a limb; loss of an eye; or something similar; then he has a choice. If he wants; he can have the price of the slave reduced commensurate with the defect he bought him with according to the prices on the day he bought him; or if he likes; he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession; the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars; and his price on the day of purchase with fault would have been 80 dinars; the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased. Malik said; The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her; he must pay what he has reduced of her price if she was a virgin. If she was not a virgin; there is nothing against his having had intercourse with her because he had charge of her. Malik said; The generally agreed upon way of doing things among us regarding a person; whether he is an inheritor or not; who sells a slave; slave-girl; or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it; his declaration that he was free of responsibility does not absolve him; and what he sold is returned to him. Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said; The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued; ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price; and to the other according to her value. Then one looks at the one with the defect; and the buyer is refunded according to the amount her share is affected by the defect; be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought. Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect; he kept the hire and revenue. This is the way in which things are done in our city. That is because; had the man bought a slave who then built a house for him; and the value of the house was many times the price of the slave; and he then found that the slave had a defect for which he could be returned; and he was returned; he would not have to make payment for the work the slave had done for him. Similarly; he would keep any revenue from hiring him out; because he had charge of him. This is the way of doing things among us. Malik said; The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen; or has a defect; is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves; or the most expensive; or it was for his sake that he bought them; or he is the one in whom people see the most excellence; then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves; and he did not buy them for his sake; and there is no special virtue which people see in him; the one who is found to have a defect or to have been stolen is returned as he is; and the buyer is refunded his portion of the total price.The Chapter on Financial Transaction And Return in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik
MuwataMalik-017-001-35081Yahya related to me from Malik that Kathir Ibn Farqad asked Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold; he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it. Yahya related to me from Malik from Ibn Shihab the like of that. Malik said; Said Ibn AlMusayab; Sulayman Ibn Yasar; Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm; and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms; on the strength of the gold for which he sold the wheat; from someone other than the person to whom he sold the wheat before taking possession of the gold; and to refer the one from whom he bought the dates to his debtor who bought the wheat; for the gold he is owed for the dates. Malik said; I asked more than one of the people of knowledge about that and they did not see any harm in it.The Chapter on Financial Transactions And Gold in HodHood Indexing, The Book of Drinks in Muwata Malik
MuwataMalik-017-001-35110Yahya related to me; that Malik said; The generally agreed on way of doing things among us about a man buying cloth in one city; and then taking it to another city to sell as a murabaha; is that he is not reckoned to have the wage of an agent; or any allowance for ironing; folding; straightening; expenses; or the rent of a house. As for the cost of transporting the drapery; it is included in the basic price; and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it; there is no harm in that. Malik said; As for bleaching; tailoring; dyeing; and such things; they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit; and if the drapery has already gone; the transport is to be reckoned; but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them. Malik spoke about an agent who bought goods for gold or silver; and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha; or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars; or he bought them for dinars and he sold them for dirhams; and the goods had not gone then he had a choice. If he wished; he accepted to sell the goods and if he wished; he left them. If the goods had been sold; he had the price for which the salesman bought them; and the salesman was reckoned to have the profit on what they were bought for; over what the investor gained as profit. Malik said; If a man sells goods worth one hundred dinars for one hundred and ten; and he hears after that they are worth ninety dinars; and the goods have gone; the seller has a choice. If he likes; he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place; and he does not have more than that - and it is one hundred and ten dinars. If he likes; it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit; which is ninety-nine dinars. Malik said; If someone sells goods in murabaha and he says; It was valued at one hundred dinars to me. Then he hears later on; that it was worth one hundred and twenty dinars; the customer is given the choice. If he wishes; he gives the salesman the value of the goods on the day he took them; and if he wishes; he gives the price for which he bought them according to the reckoning of what profit he gives him; as far as it goes; unless that is less than the price for which he bought them; for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra; so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents.The Chapter on Financial Transaction And Lands in HodHood Indexing, The Book of Blood Money in Muwata Malik
MuwataMalik-017-001-35113Malik related to me that he had heard that Abdullah Ibn Masud used to relate that the Messenger of Allah; may Allah bless him and grant him peace; said; When two parties dispute about a business transaction; the seller word is taken; or they make an agreement among themselves. Malik spoke about someone who sold goods to a man; and said at the contracting of the sale; I will sell to you provided I consult so-and-so. If he is satisfied; the sale is permitted. If he dislikes it; there is no sale between us. They made the transaction on that basis. Then the buyer regretted before the seller consulted the person. Malik said; That sale is binding on them according to what they described. The buyer has no right of withdrawal; and it is binding on him; if the person whom the seller stipulated to him; permits it. Malik said; The way of doing things among us about a man who buys goods from another and they differ about the price; and the seller says; I sold them to you for ten dinars; and the buyer says; I bought them from you for five dinars; is that it is said to the seller; If you like; give them to the buyer for what he said. If you like; swear by Allah that you only sold your goods for what you said. If he swears it is said to the buyer; Either you take the goods for what the seller said; or you swear by Allah that you bought them only for what you said. If he swears; he is free to return the goods. That is when each of them testifies against the other.The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik
MuwataMalik-017-001-35121Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Umar Ibn Abdal-Aziz from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; If anyone goes bankrupt; and a man finds his own property intact with him; he is more entitled to it than anyone else. Malik spoke about a man who sold a man wares; and the buyer went bankrupt. He said; The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them; the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares; and in what he does not find; he is like the creditors. Malik spoke about some one who bought spun wool or a plot of land; and then did some work on it; like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it; and the original owner of the plot said; I will take the plot and whatever structure is on it. Malik said; That structure is not his. However; the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion; and the creditors have the amount of the portion of the structure. Malik said; The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams; and the value of the building is one thousand dirhams. The owner of the plot has a third; and the creditors have two-thirds. Malik said; It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases. Malik said; As for goods which have been sold and which the buyer does not improve; but those goods sell well and have gone up in price; so their owner wants them and the creditors also want to seize them; then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him. If the price of the goods has gone down; the one who sold them has a choice. If he likes; he can take his goods and he has no claim to any of his debtor property; and that is his right. If he likes; he can be one of the creditors and take a portion of his due and not take his goods. That is up to him. Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt; The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it.The Chapter on Financial Transaction And Lands in HodHood Indexing, The Book of Blood Money in Muwata Malik

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