Category:The Book of Business Transactions in Muwata Malik

List of Chapters in The Book of Business Transactions

Combined Book Name

The Book of Business Transactions*Muwata Malik Belongs to the following Combined Book Name

The Book of Business Transactions Summary

1. Malik said that in a transaction where a slave orslave girl was bought for one hundred dinars with a stated creditperiod that if the seller regretted the sale there was nothing wrongin him asking the buyer to revoke it for ten dinars which he would payhim immediately or after a period and he would forgo his right to thehundred dinars which he was owed
2. Malik said that it was notproper for a man to sell a slave girl to another man for one hundreddinars on credit and then to buy her back for more than the originalprice or on a credit term longer than the original term for which hesold her
3. Malik said The generally agreed upon way ofdoing things among us is that if the buyer stipulates the inclusion ofthe slave s property whether it be cash debts or goods of known orunknown value then they belong to the buyer even if the slavepossesses more than that for which he was purchased whether he wasbought for cash as payment for a debt or in exchange for goods
4. Malik said The generally agreed upon way of doing things among us about a manwho buys a female slave and she becomes pregnant or who buys a slaveand then frees him or if there is any other such matter which hasalready happened so that he cannot return his purchase and a clearproof is established that there was a fault in that purchase when itwas in the hands of the seller or the fault is admitted by the selleror someone else is that the slave or slave girl is assessed for itsvalue with the fault it is found to have had on the day of purchaseand the buyer is refunded from what he paid the difference between theprice of a slave who is sound and a slave with such a defect
5. If the one who is found to be stolen or to have a defectis 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 isfound 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
6. Yahya related to me from Malik from Nafi that Abdullah ibn Umarwould say A man should not have intercourse with a slave girl exceptone whom if he wished he could sell if he wished he could giveaway if he wished he could keep if he wished he could do with herwhat he wanted
7. Thatwas because he was not permitted to sell her or to give her away soif he did not own that from her he did not have complete ownership ofher because an exception had been made concerning her by the hand ofsomeone else
8. Had itbeen like a form of sale no one would have made someone else apartner in the produce until it was ready nor would he have renouncedhis right to any of it or put someone in charge of it until the buyerhad taken possession
9. Malik added that he thought there was noharm for a man to sell the fruit of his orchard and keep aside onlythe fruit of a certain palm tree or palm trees which he had chosen andwhose number he had specified because the owner was only keepingaside certain fruit of his own orchard and everything else he sold
10. The Messenger of Allah mayAllah bless him and grant him peace asked Do you take one sa fortwo He replied Messengerof Allah Why should they sell me gooddates for assorted low quality dates sa for sa The Messenger ofAllah may Allah bless him and grant him peace said Sell theassorted ones for dirhams and then buy the good ones with thosedirhams
11. The explanation of muzabana is thatit is buying something whose number weight and measure is not knownwith something whose number weight or measure is known for instance if a man has a stack of food whose measure is not known either ofwheat dates or whatever food or the man has goods of wheat datekernels herbs safflower cotton flax silk and does not know itsmeasure or weight or number and then a buyer approaches him andproposes that he weigh or measure or count the goods but before hedoes he specifies a certain weight or measure or number andguarantees to pay the price for that amount agreeing that whateverfalls short of that amount is a loss against him and whatever is inexcess of that amount is a gain for him
12. Malik said That is not good because ifhe does that and keeps aside for instance dates of the ajwa varietywhose yield would be sa and he picks the dates of the kabis intheir place and the yield of their dates is sa or he picks theajwa which yield sa and leaves the kabis which yield sa it isas if he bought the ajwa for the kabis making allowances for theirdifference of quality
13. Malik said Paying in advance for something which is on hand is only good whenthe buyer takes possession of what he has paid for as soon as he handsover the gold whether it be slave camel or house or in the case ofdates he starts to pick them as soon as he has paid the money
14. They either sold each three units of weight for four units ofweight of coins or each four units of weight for three units of weightor coins
15. To buy them without measuring is like buying wheat drieddates and such food stuffs which are sold without measuring eventhough things like them are measured Malik spoke aboutbuying a Qur an a sword or a signet ring which had some gold orsilver work on it with dinars or dirhams
16. Had it not been for the superiority of his good gold over the goldof the other party the other party would not have counterpoised theunminted gold for his kufic gold and the deal would have beenrefused
17. Or it is like a man asking some one to sell him threesa of white wheat for two and a half sa of Syrian wheat and beingtold that it was not good except like for like and so offering two saof wheat and one sa of barley intending to make the sale possiblebetween them
18. When something of desirable quality is put with something of poorquality and it is only included so that its excellence in quality isnoticed 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 havepaid any attention
19. Malik said The generally agreed on way of doing things among us in which thereis no dispute about buying food wheat barley durra sorghum pearlmillet or any pulse or anything resembling pulses on which zakat isobliged or condiments of any sort oil ghee honey vinegar cheese sesame oil milk and so on is that the buyer should not re sell any of that until he has taken possession and complete deliveryof it
20. There is no harm for someoneto buy dates on delayed terms on the strength of the gold for whichhe sold the wheat from someone other than the person to whom he soldthe wheat before taking possession of the gold and to refer the onefrom whom he bought the dates to his debtor who bought the wheat forthe gold he is owed for the dates
21. Malik said The way of doing things among us concerning someonewho makes an advance for foodstuffs at a known rate until a stateddate and the date arrives and he finds that there is not enough ofwhat he was sold with the seller to fulfill his order and so herevokes the sale is that he must only take back the silver gold orprice which he paid exactly
22. Maliksaid The generally agreed on way of doing things among us is thatwheat is not sold for wheat dates for dates wheat for dates datesfor raisins wheat for raisins nor any kind of food sold for food atall except from hand to hand
23. A mudd of wheat is not sold for two muddsof wheat nor a mudd of dates for two mudds of dates nor a mudd ofraisins for two mudds of raisins nor is anything of that sort donewith grains and condiments when they are of one kind even if it ishand to hand
24. This islike what we described of selling dates when two sa of kabis and a saof poor quality dates were sold for three sa of ajwa dates after thebuyer had said to the seller Two sa of kabis dates for three sa ofajwa dates is not good and then he did that to make the transactionpossible
25. The owner of the milk puts the milk with his butter so thathe can use the superiority of his butter over the butter of the otherparty to put his milk in with it
26. Malik said If someone buys food for a known price to bedelivered at a stated date and when the date comes the one who owesthe food says I do not have any food sell me the food which I oweyou with delayed terms
27. Malik spoke about a man who was owed food which hehad purchased from a man and this man was owed the like of that foodby another man
28. Maliksaid If someone advances gold or silver for described animals orgoods which are to be delivered before a named date and the datearrives or it is before or after the date there is no harm in thebuyer selling those goods to the seller for other goods to be takenimmediately and not delayed no matter how extensive the amount ofthose goods is except in the case of food because it is not halal tosell it before he has full possession of it
29. Malik spoke about a man saying to another Iwill either buy these fifteen sa of ajwa dates from you or these tensa of sayhani dates or I will buy these fifteen sa of inferior wheator these ten sa of Syrian wheat for a dinar and one of them isobliged to me
30. That was because he obliged him ten sa of sayhani and leftthem and took fifteen sa of ajwa or he was obliged fifteen sa ofinferior wheat and left them and took ten sa of Syrian wheat
31. If it has that its price is such and such and if it hasthis its price is such and such
32. What made it different was that itwas a common practice and it was what people were familiar with andwhat people had done in the past and it was still among the permittedtransactions and trading of people in which they saw no harm becausein the sale of bundles with a list of contents without undoing them an uncertain transaction was not intended and it did not resemblemulamasa
33. Malik said Whatever is sold in this way for cash has no harm in itbut whatever is sold in this way on delayed terms is disapproved ofuntil the new buyer measures it out for himself
34. Malik said One should notbuy a debt owed by a man whether present or absent without theconfirmation of the one who owes the debt nor should one buy a debtowed to a man by a dead person even if one knows what the deceased manhas left
35. Malik said The way of doing things among us isthat there is no harm in partnership transferring responsibility toan agent and revocation when dealing with food and other things whether or not possession was taken when the transaction is withcash and there is no profit loss or deferment of price in it
36. Ifprofit or loss or deferment of price from one of the two enters any ofthese transactions it becomes sale which is made halal by what makessale halal and made haram by what makes sale haram and it is notpartnership transferring responsibility to an agent or revocation
37. Malik said The new partner takes the pricefrom the original partner and the original partner demands from theseller the whole price unless the original partner stipulated on thenew partner during the sale and before the transaction with the sellerwas completed that the seller was responsible to him
38. Malik related to me from Yahya ibn Said from Abu Bakr ibnMuhammad ibn Amr ibn Hazm from Umar ibn Abdal Aziz from Abu Bakr ibnAbd ar Rahman ibn al Harith ibn Hisham from Abu Hurayra that theMessenger of Allah may Allah bless him and grant him peace said Ifanyone goes bankrupt and a man finds his own property intact withhim he is more entitled to it than anyone else
39. 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 ofland or weaving the spun wool into cloth
40. Malik said As for goods which have been sold and which thebuyer does not improve but those goods sell well and have gone up inprice so their owner wants them and the creditors also want to seizethem then the creditors choose between giving the owner of the goodsthe price for which he sold them and not giving him any loss andsurrendering his goods to him
41. If he gives you betterthan what you lent him of his own good will that is his gratitude toyou and you have the wage of the period you gave him the loan
42. Malik related to me from Abu z Zinad from al Araj from AbuHurayra that the Messenger of Allah may Allah bless him and grant himpeace said Do not go out to meet the caravans for trade do not bidagainst each other outbidding in order to raise the price and atownsman must not buy on behalf of a man of the desert and do not tieup the udders of camels and sheep so that they appear to have a lot ofmilk for a person who buys them after that has two recourses open tohim after he milks them
43. Malik related to me from Yahya ibn Said that he heard Muhammadibn al Munkadir say Allah loves his slave who is generous when hesells and generous when he buys generous when he repays andgenerous when he is repaid
44. Malik said about a manwho gave a man goods to sell for him and set their price saying Ifyou sell them for this price as I have ordered you to do you willhave a dinar or something which he has specified which they are bothsatisfied 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 andnames a known fee

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