| MuwataMalik-017-001-34534 | | Yahya related to me from Malik from Ishaq Ibn Abdullah Ibn Abi Talha that AlTufayl Ibn Ubay Ibn Kaab told him that he visited Abdullah Ibn Umar one morning and went out with him to the market; and when they were out; Abdullah Ibn Umar did not pass by anyone selling poor merchandise or selling commodities or a needy person or anyone but that he greeted them. AlTufayl said; I came to Abdullah Ibn Umar one day and he asked me to follow him to the market. I said to him; What will you do in the market if you will not stop to sell nor seek any goods or barter with them or sit in any of the assemblies or market? Abdullah Ibn Umar said that we should sit down and talk; and then he explained; Abu Batni; lit. father of the belly; AlTufayl had a prominent stomach ; we go out in the morning only for the sake of the greeting. We greet whomever we meet. | The Chapter on Precious Metals In The Market in HodHood Indexing, The Book of Shortening the Prayer in Muwata Malik |
| MuwataMalik-017-001-34763 | | Yahya related to me from Malik from Zayd Ibn Aslam that Ibn Wala AlMisri asked Abdullah Ibn Abbas about what is squeezed from the grapes. Ibn Abbas replied; A man gave the Messenger of Allah; may Allah bless him and grant him peace; a small water-skin of wine. The Messenger of Allah; may Allah bless him and grant him peace; said to him; Dont you know that Allah has made it haram? He said; No. Then a man at his side whispered to him. The Messenger of Allah; may Allah bless him and grant him peace; asked what he had whispered; and the man replied; I told him to sell it. The Messenger of Allah; may Allah bless him and grant him peace; said; The One who made drinking it haram has made selling it haram. The man then opened the water- skins and poured out what was in them. | The Chapter on Granting Peace in HodHood Indexing, The Book of Purity in Muwata Malik |
| MuwataMalik-017-001-34766 | | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that some men from Iraq said to him; Abu Abdulrahman we buy the fruit of the palm and grapes and we squeeze them into wine and we sell it. Abdullah Ibn Umar said; I call on Allah and His angels and whoever hears of jinn and men to testify to you that I order you not to buy it nor sell it nor to press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan. | The Chapter on Forbidden And Dinks in HodHood Indexing, The Book of Purity in Muwata Malik |
| MuwataMalik-017-001-34809 | | Malik 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-017-001-34893 | | Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares; and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said; The owner of the goods only has their value on the day they were taken from him; and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason; their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand; and then have to return them at a time when they have fallen in price and no one wants them. For instance; the man may take the goods from the other man; and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man property. Or perhaps they are taken by the man; and he sells them for a dinar or keeps them; while their price is only a dinar; then he has to return them; and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken. He said; Part of what clarifies this is that when a thief steals goods; only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it; that is done. If the cutting off is delayed; either because the thief is imprisoned until his situation is examined or he flees and then is caught; the delay of the cutting off of the hand does not make the hadd; which was obliged for him on the day he stole; fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods; even if they become expensive after that. | The Chapter on Financial Transaction And Return in HodHood Indexing, The Book of Hair in Muwata Malik |
| MuwataMalik-017-001-34915 | | Yahya said; I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period; the fruits are not included in the pledge with the real estate; unless it is stipulated by the pledger in his pledge. However; if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge; her child is included with her. A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah; may Allah bless him and grant him peace; said; If someone sells a palm which has been pollinated; the fruit belongs to the seller unless the buyer stipulates its inclusion. The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb; the foetus belongs to the buyer; whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother womb whether of slaves or animals. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, The Book of The Evil Eye in Muwata Malik |
| MuwataMalik-017-001-34917 | | Yahya 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-017-001-34998 | | Malik related to me from Zayd Ibn Aslam that his father said; Abdullah and Ubaydullah; the sons of Umar Ibn AlKhattab went out with the army to Iraq. On the way home; they passed by Abu Mousa AlAshari who was the amir of Basra. He greeted them and made them welcome; and told them that if there was anything he could do to help them; he would do it. Then he said; There is some of the property of Allah which I want to send to the amir Almuminin; so I will lend it to you; and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir Almuminin; and you keep the profit. They said that they would like to do it; and so he gave them the money and wrote to Umar Ibn AlKhattab to take the money from them. When they came to sell they made a profit; and when they paid the principal to Umar he asked; Did he lend everyone in the army the like of what he lent you? They said; No. Umar Ibn AlKhattab said; He made you the loan; because you are the sons of the amir Almuminin; so pay the principal and the profit. Abdullah was silent. Ubaydullah said; You do not need to do this; amir Almuminin. Had the principal decreased or been destroyed; we would have guaranteed it. Umar said; Pay it. Abdullah was silent; and Ubaydullah repeated it. A man who was sitting with Umar said; Amir Almuminin; better that you make it a qirad. Umar said; I have made it qirad. Umar then took the principal and half of the profit; and Abdullah and Ubaydullah; the sons of Umar Ibn AlKhattab took half of the profit. | The Chapter on Financial Transactions And Loans in HodHood Indexing, The Book of Dress in Muwata Malik |
| MuwataMalik-017-001-35004 | | Yahya said that Malik said; No one should make a qirad loan except in coin; because the loan must not be in wares; since loaning wares can only be worked in one of two ways: Either the owner of the wares says to the borrower; Take these wares and sell them. Buy and sell with the capital realized according to qirad. The investor stipulates increase for himself from the sale of his goods and what relieves him of expenses in selling it. Or else he says; Barter with these goods and sell. When you are through; buy for me the like of my goods which I gave you. If there is increase; it is between you and me. It may happen that the investor gives the goods to the agent at a time in which they are in demand and expensive; and then the agent returns them while they are cheap and he might have bought them for only a third of the original price or even less than that. The agent then has a profit of half the amount by which the price of the wares has decreased as his portion of the profit. Or he might take the wares at a time when their price is low; and make use of them until he has a lot of money. Then those wares become expensive and their price rises when he returns them; so he buys them for all that he has so that all his work and concern have been in vain. This is an uncertain transaction and is not good. If; however; that is not known until it has happened; then the wage an agent in qirad would be paid for selling that; is looked at and he is given it for his concern. Then the money is qirad from the day the money became cash and collected as coin and it is returned as a qirad like that. | The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of Dress in Muwata Malik |
| MuwataMalik-017-001-35009 | | Yahya said that Malik said; The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods; and the agent then sells the goods for a price to be paid later; and has a profit in the transaction; then the agent dies before he has received payment; is that if his heirs want to take that money; they have their father stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor; they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it; they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so; they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit; they are in the position of their father. Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said; This is obligatory on the agent. If he sells it for delayed payment; he is responsible for it. | The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of The Decree in Muwata Malik |
| MuwataMalik-017-001-35013 | | Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it; and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said; One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait; they should wait. Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money; he said that he had it in full. When he held him to his settlement he admitted that Such-and-such of it was lost with me; and he named an amount of money. I told you that so that you would leave it with me. Malik said; He does not benefit by denying it after he had confirmed that he had it all. He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession; and his denial does not avail him. Malik said; Similarly; had he said; I have had such-and-such a profit from the capital; and then the owner of the capital asked him to pay him the principal and his profit; and he said that he had not had any profit in it and had said that only so it might be left in his possession; it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word; so that the first statement is not binding on him. Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said; I took the qirad from you provided that I would have two-thirds. The owner of the capital says; I gave you a qirad provided that you had a third. Malik said; The word is the word of the agent; and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that; he is not believed; and it is judged to be according to how a qirad like it would normally be. Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says; Sell the goods. If there is anything over; it is mine. If there is a loss; it is against you because you lost it. The agent says; Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me. Malik said; The agent is obliged to pay the price to the seller and the investor is told; If you wish; pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish; you are free of the goods. If the hundred dinars are paid to the agent; it is a qirad according to the conditions of the first qirad. If he refuses; the goods belong to the agent and he must pay their price. Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said; Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal; camel; coarse cloth or the like of that which fetches a price; I think that he should return what he has remaining of such things unless the owner overlooks it. | The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of The Decree in Muwata Malik |
| MuwataMalik-017-001-35037 | | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar would say; A man should not have intercourse with a slave girl except one whom; if he wished; he could sell; if he wished; he could give away; if he wished; he could keep; if he wished; he could do with her what he wanted. Malik said that a man who bought a slave- girl on condition that he did not sell her; give her away; or do something of that nature; was not to have intercourse with her. That was because he was not permitted to sell her or to give her away; so if he did not own that from her; he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it; it was a messy situation; and the sale was not recommended. | The Chapter on Wishes And Punishment in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik |
| MuwataMalik-017-001-35043 | | Yahya related to me from Malik from Ab AlRijal Muhammad Ibn Abdulrahman Ibn Haritha from his mother; Amra bint Abdulrahman that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it was clear of blight. Malik said; Selling fruit before it has begun to ripen is an uncertain transaction gharar. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35044 | | Yahya related to me from Malik from Abuz-Zinad from Kharija Ibn Zayd Ibn Thabit that Zayd Ibn Thabit did not sell fruit until the Pleiades were visible; at the end of May. Malik said; The way of doing things among us about selling melons; cucumbers; water- melons; and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people; and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged; an allowance for that is deducted from the price of purchase. | The Chapter on Financial Transaction And Charity in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35051 | | Yahya related to me from Malik from Ab AlRijal; Muhammad Ibn Abdar-Rahman Ibn Haritha that his mother; Amra bint Abdulrahman used to sell her fruit and keep some of it Aasi de. Malik said; The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard; he can keep Aasi de up to a third of the fruit; but that is not to be exceeded. There is no harm in what is less than a third. Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep Aasi de only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified; because the owner was only keeping Aasi de certain fruit of his own orchard and everything else he sold. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35052 | | Yahya related to me from Malik from Zayd Ibn Aslam that Ata Ibn Yasar said; The Messenger of Allah; may Allah bless him and grant him peace; said; Dried dates for dried dates is like for like. It was said to him; Your agent in Khaybar takes one sa for two. The Messenger of Allah; may Allah bless him and grant him peace; said; all him to me. So he was called for. The Messenger of Allah; may Allah bless him and grant him peace; asked; Do you take one sa for two? He replied; Messengerof Allah! Why should they sell me good dates for assorted low quality dates; sa for sa! The Messenger of Allah; may Allah bless him and grant him peace; said; Sell the assorted ones for dirhams; and then buy the good ones with those dirhams. | The Chapter on Food And Zakat in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35054 | | Yahya related to me from Malik from Abdullah Ibn Yazid that Zayd Ibn Ayash told him that he had once asked Sad Ibn Abi Waqqas about selling white wheat for a type of good barley. Sad asked him which was the better and when he told him the white wheat; he forbade the transaction. Sad said; I heard the Messenger of Allah; may Allah bless him and grant him peace; being asked about selling dried dates for fresh dates; and the Messenger of Allah; may Allah bless him and grant him peace; said; Do the dates diminish in size when they become dry? When he was told that they did; he forbade that. | The Chapter on Peace And Killing in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35055 | | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana. Muzabana was selling fresh dates for dried dates by measure; and selling grapes for raisins by measure. | The Chapter on Food And Raisins in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35062 | | Yahya related to me from Malik from Nafi from Abu Said AlKhudri that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not sell gold for gold except like for like and do not increase one part over another part. Do not sell silver for silver; except like for like and do not increase one part over another part. Do not sell some of it which is not there for some of it which is. | The Chapter on Precious Metals Selling Gold in HodHood Indexing, The Book of Madina in Muwata Malik |
| MuwataMalik-017-001-35066 | | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; Do not sell gold for gold except like for like; and do not increase one part over another part. Do not sell silver for silver except like for like; and do not increase one part over another part. Do not sell silver for gold; one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house; do not leave him. I fear rama for you. Rama is usury. | The Chapter on Precious Metals Silver in HodHood Indexing, The Book of Madina in Muwata Malik |
