| MuwataMalik-017-001-35067 | | Yahya related to me from Malik from Abdullah Ibn Dinar from Abdullah Ibn Umar that Umar Ibn AlKhattab said; Do not sell gold for gold except like for like. Do not increase part of it over another part. Do not sell silver for silver except like for like; and do not increase part of it over another part. Do not sell some of it which is there for some of it which is not. If someone asks you to wait for payment until he has been to his house; do not leave him. I fear rama for you. Rama is usury. | The Chapter on Precious Metals Selling Gold in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35072 | | Yahya related to me from Malik that Yazid Ibn Abdullah Ibn Qusayt saw Said Ibn AlMusayab sell gold counterpoising for gold. He poured his gold into one pan of the scales; and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced; they took and gave. Malik said; According to the way things are done among us there is no harm in selling gold for gold; and silver for silver by counterpoising weight; even if 11 dinars are taken for 10 dinars hand to hand; when the weight of gold is equal; coin for coin; even if the number is different. Dirhams in such a situation are treated the same way as dinars. Malik said; If; when counterpoising gold for gold or silver for silver; there is a difference of weight; one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price; it could be as if he had bought it separately; so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties. Malik said; If he had really been sold the difference without anything else with it; he would not have taken it for a tenth of the price for which he took it in order to put a legal front on the transaction. This leads to allowing what is forbidden. The matter is forbidden. Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold; which was unpopular and to then treat the exchange as like for like. Malik said; The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his good gold over the gold of the other party; the other party would not have counterpoised the unminted gold for his kufic gold; and the deal would have been refused. It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates; and on being told that it was not good; then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates. Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat; and being told that it was not good except like for like; and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold. Malik said; Where gold; silver and food; things which should only be sold like for like; are concerned; something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed; something is being sold which if it had been sold on its own; would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold; silver; or food; must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them; he sells them on their own; and does not put anything with them. There is no harm if it is like that. | The Chapter on Precious Metals And Buying And Selling Gold in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35078 | | Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market; and he began to show him heaps; saying; Which one would you like me to buy for you. The buyer said to him; Are you selling me what you do not have? So they came to Abdullah Ibn Umarand mentioned that to him. Abdullah Ibn Umar said to the buyer; Do not buy from him what he does not have. He said to the seller; Do not sell what you do not have. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35085 | | Yahya related to me from Malik that he had heard the same as that from AlQasim Ibn Muhammad from Ibn Muayqib AlDawsi. Malik said; This is the way of doing things among us. Malik said; The generally agreed on way of doing things among us is that wheat is not sold for wheat; dates for dates; wheat for dates; dates for raisins; wheat for raisins; nor any kind of food sold for food at all; except from hand to hand. If there is any sort of delayed terms in the transaction; it is not good. It is haram. Condiments are not bartered except from hand to hand. Malik said; Food and condiments are not bartered when they are the same type; two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat; nor a mudd of dates for two mudds of dates; nor a mudd of raisins for two mudds of raisins; nor is anything of that sort done with grains and condiments when they are of one kind; even if it is hand to hand. This is the same position as silver for silver and gold for gold. No increase is halal in the transaction; and only like for like; from hand to hand is halal. Malik said; If there is a clear difference in foodstuffs which are measured and weighed; there is no harm in taking two of one kind for one of another; hand to hand. There is no harm in taking a sa of dates for two sa of wheat; and a sa of dates for two sa of raisins; and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different; there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale; it is not halal. Malik said; It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates; from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement. Malik said; With kinds of foods and condiments that differ from each other; and the difference is clear; there is no harm in bartering one kind for another; without precise measurement from hand to hand. If delayed terms enter into the sale; there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely. Malik said; That is because you buy wheat with silver without measuring precisely; and dates with gold without measuring precisely; and it is halal. There is no harm in it. Malik said; It is not good for someone to make a heap of food; knowing its measure and then to sell it as if it had not been measured precisely; concealing its measure from the buyer. If the buyer wants to return that food to the seller; he can; because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows; and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller; he can return t. The people of knowledge still forbid such a transaction. Malik said; There is no good in selling one round loaf of bread for two round loaves; nor large for small when some of them are bigger than others. When care is taken that they are like for like; there is no harm in the sale; even if they are not weighed. Malik said; It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller; Two sa of kabis dates for three sa of ajwa dates is not good; and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it. Malik said; Flour for wheat is like for like; and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat; like for like. Had he put half a mudd of flour and half of wheat; and then sold that for a mudd of wheat; it would be like what we described; and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good. | The Chapter on Food And Dates in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35087 | | Yahya related to me from Malik that he had heard that Muhammad Seereen used to say; Do not sell grain on the ears until it is white. Malik said; If someone buys food for a known price to be delivered at a stated date; and when the date comes; the one who owes the food says; I do not have any food; sell me the food which I owe you with delayed terms. The owner of the food says; This is not good; because the Messenger of Allah; may Allah bless him and grant him peace; forbade selling food until the deal was completed. The one who owes the food says to his creditor; Sell me any kind of food on delayed terms until I discharge the debt to you. This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that; it becomes the sale of food before the deal is complete. Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor; I will refer you to my debtor who owes me the same amount of food as I owe you; so that you may obtain the food which I owe you. Malik said; If the man who had to deliver the food; had gone out; and bought the food to pay off his creditor; that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time; there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah; may Allah bless him and grant him peace; forbade that. However; the people of knowledge agree that there is no harm in partnership; transfer of responsibility and revocation in sales of food and other goods. Malik said; That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight; and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight; that would not be halal. Had it been stipulated to him that he lend full weight in dirhams; and then he gave faulty ones; that would not be halal for him. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Drinks in Muwata Malik |
| MuwataMalik-017-001-35102 | | Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling and lending. Malik said; The explanation of what that meant is that one man says to another; I will take your goods for such-and-such if you lend me such-and-such. If they agree to a transaction in this manner; it is not permitted. If the one who stipulates the loan abandons his stipulation; then the sale is permitted. Malik said; There is no harm in exchanging linen from Shata; for garments from Itribi; or Qass; or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three; from hand to hand or with delayed terms. If the goods are of the same kind; and deferment enters into the transaction; there is no good in it. Malik said; It is not good unless they are different; and the difference between them is clear. When they resemble each other; even if the names are different; do not take two for one with delayed terms; for instance two garments of Herat for one from Merv or Quhy with delayed terms; ortwo garments of Furqub for one from Shata. All these sorts are of the same description; so do not buy two for one; on delayed terms. Malik said; There is no harm in selling what you buy of things of this nature; before you complete the deal; to some one other than the person from whom you purchased them if the price was paid in cash. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35103 | | Yahya related to me from Malik from Yahya Ibn Said that AlQasim Ibn Muhammad said; I heard Abdullah Ibn Abbas say; when a man asked him about a man making an advance on some garments and then wanting to sell them back before taking possession of them; That is silver for silver; and he disapproved of it. Malik said; Our opinion is - and Allah knows best that was because he wanted to sell them to the person from whom he had bought them for more than the price for which he bought them. Had he sold them to some one other than the person from whom he had purchased them; there would not have been any harm in it. Malik said; The generally agreed on way of doing things among us concerning making an advance for slaves; cattle or goods is that when all of what is to be sold is described and an advance is made for them for a date; and the date falls due; the buyer does not sell any of that to the person from whom he has purchased it for more than the price which he advanced for it before he has taken full possession of what he has advanced for. It is usury if he does. If the buyer gives the seller dinars or dirhams and he profits with them; then; when the goods come to the buyer and he does not take them into his possession but sells them back to their owner for more than what he advanced for them; the outcome is that what he has advanced has returned to him and has been increased for him. Malik said; If someone advances gold or silver for described animals or goods which are to be delivered before a named date; and the date arrives; or it is before or after the date; there is no harm in the buyer selling those goods to the seller; for other goods; to be taken immediately and not delayed; no matter how extensive the amount of those goods is; except in the case of food because it is not halal to sell it before he has full possession of it. The buyer can sell those goods to some one other than the person from whom he purchased them for gold or silver or any goods. He takes possession of it and does not defer it because if he defers it; that is ugly and there enters into the transaction what is disapproved of: delay for delay. Delay for delay is to sell a debt against one man for a debt against another man. Malik said; If someone advances for goods to be delivered after a time; and those goods are neither something to be eaten nor drunk; he can sell them to whomever he likes for cash or goods; before he takes delivery of them; to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer. Malik said; If the delivery date for the goods has not arrived; there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer. Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due; he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality; and the seller said that he would give him eight of those cloths. Malik said; There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term; unless he sells him cloth which is notthetypeof cloth for which he made an advance. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35108 | | Yahya related to me from Malik from Abu Hazim Ibn Dinar from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade the sale with uncertainty in it. Malik said; An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says; I will take him from you for twenty dinars. If the buyer finds him; thirty dinars goes from the seller; and if he does not find him; the seller takes twenty dinars from the buyer. Malik said; There is another fault in that. If that stray is found; it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky. Malik said; According to our way of doing things; one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out; and if it does come out; it is not known whether it will be beautiful or ugly; normal or disabled; male or female. All that is disparate. If it has that; its price is such-and-such; and if it has this; its price is such-and-such. Malik said; Females must not be sold with what is in their wombs excluded. That is that; for instance; a man says to another; The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring. This is disapproved because it is an uncertain transaction and a risk. Malik said; It is not halal to sell olives for olive oil or sesame for sesame oil; or butter for ghee because muzabana comes into that; because the person who buys the raw product for something specified which comes from it; does not know whether more or less will come out of that; so it is an uncertain transaction and a risk. Malik said; A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed Bin because perfumed Bin has been perfumed; mixed and changed from the state of raw ben-nut oil. Malik; speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer; i.e. if the buyer could not re-sell the goods they could go back to the seller ; said; This transaction is not permitted and it is part of risk. The explanation of why it is so; is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss; he has nothing; and his efforts are not compensated. This is not good. In such a transaction; the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go; the transaction between them is null and void. Malik said; As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says; Sell it and I will compensate you for any loss. There is no harm in this because there is no risk. It is something he proposes to him; and their transaction was not based on that. That is what is done among us. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik |
| MuwataMalik-017-001-35110 | | Yahya 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-017-001-35119 | | 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-017-001-35133 | | 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-017-001-35398 | | Yahya related to me from Malik from Hisham Ibn Urwa from his father that Aisha; umm Almuminin said; Rashness in oaths is that a man says; By Allah; No! by Allah! i.e. out of habit. Malik said; The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said; only to find that it is other than what he said. This is rashness. Malik said; The binding oath is for example; that a man says that he will not sell his garment for ten dinars; and then he sells it for that; or that he will beat his young slave and then does not beat him; and so on. One does kaffara for making such an oath; and there is no kaffara in rashness. Malik said; As for the one who swears to a thing which he knows is wicked; and he swears to a lie he knows to be a lie; in order to please someone with it or to excuse himself to someone by it or to gain money by it; no kaffara that he does for it can cover it. | The Chapter on Oaths And Pledges And Kaffara in HodHood Indexing, The Book of Jihad in Muwata Malik |
| MuwataMalik-017-001-35425 | | Malik said; I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided. Malik said; I think that any camels; cattle and sheep taken as booty are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them; that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think; however; that anyone should store up any of it to take back to his family. Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family; or to sell before he had come to his country and make use of its price. He said; If he sells it while he is on a military expedition; I think that he should put its price into the booty of the Muslims. If he takes it back to his country; I see no objection to his eating it and using it if it is a small insignificant thing. | The Chapter on Almaghazi And Killing The Enemies And Pagans in HodHood Indexing, The Book of Divorce 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 |
