| MuwataMalik-017-001-35113 | | Malik 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-017-001-35118 | | 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-017-001-35119 | | Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings; stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion; I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price. Malik said; The way of doing things among us is that there is no harm in partnership; transferring responsibility to an agent; and revocation when dealing with food and other things; whether or not possession was taken; when the transaction is with cash; and there is no profit; loss; or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions; it becomes sale which is made halal by what makes sale halal; and made haram by what makes sale haram; and it is not partnership; transferring responsibility to an agent; or revocation. Malik spoke about some one who bought drapery goods or slaves; and the sale was concluded; then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said; The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone; the pre-condition of the original partner is void; and he has the responsibility. Malik spoke about a man who asked another man to buy certain goods to share between them; and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said; That is not good. When he says; Pay for me and I will sell it for you; it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed; or pass; the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit. Malik said; If a man buys goods; and they are settled for him; and then a man says to him; Share half of these goods with me; and I will sell them all for you; that is halal; there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35121 | | Malik 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 |
| 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-017-001-35566 | | Yahya related to me from Malik from Yazid Ibn Khusayfa that he had asked Sulayman Ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount; and he replied; No. Malik said; The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it; the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable; and has other wealth which is zakatable; then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum. Malik continued; If he has no ready money other than that which he has collected from his debt; and that does not reach a zakatable amount; then he does not have to pay any zakat. He must; however; keep a record of the amount that he has collected and if; later; he collects another amount which; when added to what he has already collected; brings zakat into effect; then he has to pay zakat on it. Malik continued; Zakat is due on this first amount; together with what he has further collected of the debt owed to him; regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold; or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat; whether it be a large or small amount; according to the amount. Malik said; What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them; he only has to pay zakat on their prices once. This is because the one who is owed the debt; or owns the goods; should not have to take the zakat on the debt; or the goods; from anything else; since the zakat on anything is only taken from the thing itself; and not from anything else. Malik said; Our position regarding some onewho owes a debt; and has goods which are worth enough to pay off the debt; and also has an amount of ready money which is zakatable; is that he pays the zakat on the ready money which he has to hand. If; however; he only has enough goods and ready money to pay off the debt; then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes; then he must pay zakat on it. | The Chapter on Debt And Creditors And Paying Zakat in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
| MuwataMalik-017-001-35567 | | Yahya related to me from Malik from Yahya Ibn Said that Zurayq Ibn Hayan; who was in charge of Egypt in the time of AlWalid; Sulayman; and Umar Ibn Abd AlAziz; mentioned that Umar Ibn Abd AlAziz had written to him saying; Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge; one dinar for every forty dinars; and the same proportion from what is less than that down to twenty dinars; and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across; take from the merchandise in their charge one dinar for every twenty dinars; and the same proportion from what is less than that down to ten dinars; and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year. Malik said; The position among us in Madina concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth; and then buys goods with it; whether cloth; slaves or something similar; and then sells them before a year has elapsed over them; he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years; and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them. Malik said; The position among us concerning a man who uses gold or silver to buy wheat; dates; or whatever; for trading purposes and keeps it until a year has elapsed over it and then sells it; is that he only has to pay zakat on it if and when he sells it; if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land; or the dates that he harvests from his palms. Malik said; A man who has wealth which he invests in trade; but which does not realise a zakatable profit for him; fixes a month in the year when he takes stock of what goods he has for trading; and counts the gold and silver that he has in ready money; and if all of it comes to a zakatable amount he pays zakat on it. Malik said; The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year; whether they trade in that year or not. | The Chapter on Precious Metals And Zakat in HodHood Indexing, The Book of Itikaf in Ramadan in Muwata Malik |
