| MuwataMalik-017-001-35107 | | Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it. Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit; that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten; it would be 15 on credit; and if he paid the ten; he would buy with it what was worth fifteen dinars on credit. Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah; may Allah bless him and grant him peace; forbade two sales in one sale. This was part of two sales in the one sale. Malik spoke about a man saying to another; I will either buy these fifteen sa of ajwa dates from you; or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar; and one of them is obliged to me. Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani; and left them and took fifteen sa of ajwa; or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of; and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food. | The Chapter on Forbidden Financial Transaction in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35118 | | 86 Malik related to me from Mousa Ibn Maysara that he heard a man ask Said Ibn AlMusayab; I am a man who sells for a debt. Said said; Do not sell except for what you take to your camel. Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date; either in time for a market in which he hoped for their saleability; or to fulfil a need at the time he stipulated. Then the seller failed him about the date; and the buyer wanted to return those goods to the seller. Malik said; The buyer cannot do that; and the sale is binding on him. If the seller does bring the goods before the completion of the term; the buyer cannot be forced to take them. Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said; Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us. Malik said; One should not buy a debt owed by a man whether present or absent; without the confirmation of the one who owes the debt; nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed. He said; The explanation of what is disapproved of in buying a debt owed by someone absent or dead; is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt; the price which the buyer gave on strength of the debt may become worthless. Malik said; There is another fault in that as well. He is buying something which is not guaranteed for him; and so if the deal is not completed; what he paid becomes worthless. This is an uncertain transaction and it is not good. Malik said; One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says; This is 10 dinars. What do you want me to buy for you with it? It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this; it is disapproved of. It is something leading to usury and fraud. | The Chapter on Financial Transactions And Gold in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35129 | | Malik related to me from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not go out to meet the caravans for trade; do not bid against each other; outbidding in order to raise the price; and a townsman must not buy on behalf of a man of the desert; and do not tie up the udders of camels and sheep so that they appear to have a lot of milk; for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them; he keeps them and if he is displeased with them; he can return them along with a sa of dates. Malik said; The explanation of the words of the Messenger of Allah; may Allah bless him and grant him peace; according to what we think - and Allah knows best - do not bid against each other; is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade; and Allah knows best. Malik said; There is no harm; however; in more than one person bidding against each other over goods put up for sale. He said; Were people to leave off haggling when the first person started haggling; an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us. | The Chapter on Financial Transactions And Gold in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35133 | | Malik related to me from Yahya Ibn Said that he heard Muhammad Ibn AlMunkadir say; Allah loves his slave who is generous when he sells; and generous when he buys; generous when he repays; and generous when he is repaid. Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely; There is no buying without measuring precisely in anything which can be counted. Malik said about a man who gave a man goods to sell for him and set their price saying; If you sell them for this price as I have ordered you to do; you will have a dinar or something which he has specified; which they are both satisfied with ; if you do not sell them; you will have nothing; There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods; he takes the fee; and if he does not sell them; he has nothing. Malik said; This is like saying to another man; If you capture my runaway slave or bring my stray camel; you will have such-and-such. This is from the category of reward; and not from the category of giving a wage. Had it been from the category of giving a wage; it would not be good. Malik said; As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar; that is not good because whenever he is a dinar less than the price of the goods; he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35360 | | Yahya related to me from Malik from Zayd Ibn Aslam that the Messenger of Allah; may Allah bless him and grant him peace; said; When you marry a woman or buy a slave-girl; take her by the forelock and ask for baraka. When you buy a camel; take the top of its hump; and seek refuge with Allah from Shaytan. | The Chapter on Peace And Satan in HodHood Indexing, The Book of Vows and Oaths in Muwata Malik |
| MuwataMalik-017-001-35598 | | Yahya related to me from Zayd Ibn Aslam that his father said that he had heard Umar Ibn AlKhattab say; I once gave a noble horse to carry somebody in the way of Allah; and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah; may Allah bless him and grant him peace; about it and he said; Do not buy it; even if he gives it to you for one dirham; for someone who takes back his sadaqa is like a dog swallowing its own vomit. | The Chapter on The Choice Of Gifts in HodHood Indexing, The Book of Hajj in Muwata Malik |
| MuwataMalik-017-001-35599 | | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab gave a horse to carry some one in the way of Allah; and then he wished to buy it back. So he asked the Messenger of Allah; may Allah bless him and grant him peace; about it; and he said; Do not buy or take back your sadaqa. | The Chapter on Wishes And Dreams in HodHood Indexing, The Book of Hajj in Muwata Malik |
| MuwataMalik-017-001-35815 | | Yahya related to me from Malik; from Zayd Ibn Aslam; from Ata Ibn Yasar; that Kaab AlAhbar was once coming back from Syria with a group of riders; and at a certain point along the road they found some game- meat and Kaab said they could eat it. When they got back to Madina they went to Umar Ibn AlKhattab and told him about that; and he said; Who told you you could do that?; and they said; Kaab He said; He was indeed the one I made amir over you until you should return. Later; when they were on the road to Makka; a swarm of locusts passed them by and Kaab told them to catch them and eat them. When they got back to Umar Ibn AlKhattab they told him about this; and he said to Kaab ; What made you tell them they could do that? Kaab said; It is game of the sea. He said; How do you know?; and Kaab said; Amir Almuminin; by the One in whose hand my self is; it is only the sneeze of a fish which it sneezes twice every year. Malik was asked whether a muhrim could buy game that he had found on the way. He replied; Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid; but there is no harm in game that a man has which he does not intend for those in ihram; but which a muhrim finds and buys. Malik said; about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram; that he did not have to get rid of it; and that there was no harm in him giving it to his family. Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes; etc. | The Chapter on Games And Hunting And The State Of Ihram in HodHood Indexing, The Book of Hajj in Muwata Malik |
| MuwataMalik-017-001-35900 | | Yahya related to me from Malik that he had heard Rabia Ibn Abi Abdulrahman saying the same about that as what Ikrama related from Ibn Abbas. Malik said; That is what I like most out of what I have heard about the matter. Malik was asked about a man who forgot the tawaf Alifada until he had left Makka and returned to his community and he said; I think that he should go back and do the tawaf Alifada; as long as he has not had sexual relations with women. If; however; he has had sexual relations with women; then he should not only return and do the tawaf Alifada; but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there; but if he has not brought one with him from wherever it was he set out to do umra; he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there. | The Chapter on The Tawaf And Saei in HodHood Indexing, The Book of Business Transactions in Muwata Malik |
