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MuwataMalik-017-001-35036 +	Yahya related to me from Malik from Ibn Shihab that Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud told him that Abdullah Ibn Masud bought a slave-girl from his wife; Zaynab Ath Thaqafiya. She made a condition to him; that if he bought her; she could always buy her back for the price that he paid. Abdullah Ibn Masud asked Umar Ibn AlKhattab about that and Umar Ibn AlKhattab said; Do not go near her while anyone has a condition concerning her over you.  +
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.  +
MuwataMalik-017-001-35038 +	Yahya related to me from Malik from Ibn Shihab that Abdullah Ibn Amir gave Uthman Ibn Affan a slave-girl who had a husband whom he had purchased at Basra. Uthman said; I will not go near her until her husband separates from her. Ibn Amir compensated the husband and he separated from her.  +
MuwataMalik-017-001-35039 +	Yahya related to me from Malik from Ibn Shihab from Abu Salama Ibn Abdulrahman Ibn Awuf that Abdulrahman Ibn Awuf bought a slave- girl and found that she had a husband; so he returned her.  +
MuwataMalik-017-001-35040 +	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; said; If palm trees are sold after they have been pollinated; the fruit belongs to the seller unless the buyer makes a stipulation about its inclusion.  +
MuwataMalik-017-001-35041 +	Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it had started to ripen. He forbade the transaction to both buyer and seller.  +
MuwataMalik-017-001-35042 +	Yahya related to me from Malik from Humayd AlTawil from Anas Ibn Malik that the Messenger of Allah; may Allah bless him and grant him peace; forbade selling fruit until it had become mellow. He was asked; Messenger ofAllah! What do you mean by become mellow? He said; When it becomes rosy. The Messenger of Allah; may Allah bless him and grant him peace; added; Allah may prevent the fruit from maturing; so how can you take payment from your brother for it.  +
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.  +
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.  +
MuwataMalik-017-001-35045 +	Yahya related to me from Malik from Nafi from Abdullah Ibn Umar from Zayd Ibn Thabit that the Messenger of Allah; may Allah bless him and grant him peace; allowed the holder of an ariya to barter the dates on the palm for the amount of dried dates it was estimated that the palms would produce.  +
MuwataMalik-017-001-35046 +	Yahya related to me from Malik from Daud Ibn AlHusayn from Abu Sufyan; the mawla of Ibn Abi Ahmad; from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Daud wasnt sure whether he said five awsuq or less than five. Malik said; Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility; handing over rights; and involving a partner. Had it been like a form of sale; no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession.  +
MuwataMalik-017-001-35047 +	Yahya related to me from Malik that Ab AlRijal Muhammad Ibn Abdulrahman heard his mother; Amra bint Abdulrahman say; A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah; may Allah bless him and grant him peace; and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale; but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah; may Allah bless him and grant him peace; and told him about it. The Messengerof Allah; may Allah bless him and grant him peace; said; By this oath; he has sworn not to do good. The owner of the orchard heard about it and went to the Messenger of Allah; may Allah bless him and grant him peace; and said; Messenger of Allah; the choice is his.  +
MuwataMalik-017-001-35048 +	Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz decided in a case to make a reduction for crop damage. Malik said; That is what we do in the situation. Malik added; Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage.  +
MuwataMalik-017-001-35049 +	Yahya related to me from Malik from Rabia Ibn Abdulrahman that AlQasim Ibn Muhammad would sell produce from his orchard and keep some of it Aasi de.  +
MuwataMalik-017-001-35050 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr that his grandfather; Muhammad Ibn Amr Ibn Hazm sold the fruit of an orchard of his called AlAfraq; for 4;000 dirhams; and he kept Aasi de 800 dirhams worth of dry dates.  +
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.  +
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.  +
MuwataMalik-017-001-35053 +	Yahya related to me from Malik from Abd AlHamid Ibn Suhayl Ibn Abdulrahman Ibn Awuf from Said Ibn AlMusayab from Abu Said AlKhudri and from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; appointed a man as an agent in Khaybar; and he brought him some excellent dates. The Messenger of Allah; may Allah bless him and grant him peace; said to him; Are all the dates of Khaybar like this? He said;No. By Allah; Messenger of Allah! We take a sa of this kind for two sa or two sa for three. The Messenger of Allah; may Allah bless him and grant him peace; said; Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams.  +
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.  +
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.  +
MuwataMalik-017-001-35056 +	Yahya related to me from Malik from Daud Ibn AlHusayn from Abu Sufyan; the mawla of Ibn Abi Ahmad; from Abu Said AlKhudri that the Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates while they were still on the trees. Muhaqala was renting land in exchange for wheat.  +
MuwataMalik-017-001-35057 +	Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat. Ibn Shihab added that he had asked Said Ibn AlMusayab about renting land for gold and silver. He said; There is no harm in it. Malik said; The Messenger of Allah; may Allah bless him and grant him peace; forbade muzabana. The explanation of muzabana is that it is buying something whose number; weight and measure is not known with something whose number; weight or measure is known; for instance; if a man has a stack of food whose measure is not known; either of wheat; dates; or whatever food; or the man has goods of wheat; date kernels; herbs; safflower; cotton; flax; silk; and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods; but; before he does; he specifies a certain weight; or measure; or number and guarantees to pay the price for that amount; agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden. Malik said that another example of that was; for instance; a man proposing to another man; You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks; the measureof each cloak to be such-and-such; naming a measurement. Whatever loss there is; is against me and I will fulfill you the specified amount and whatever excess there is; is mine. Or perhaps the man proposed; I will guarantee you from this cloth of yours so many shirts; the measurement of each shirt to be such-and-such; and whatever loss there is; is against me and I will fulfill the specified amount and whatever excess there is; is mine. Or perhaps a man proposed to a man who had cattle or camel hides; I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs; I will make up its loss and whatever is over is mine because I guaranteed you. Another example was that a man say to a man who had ben-nuts; I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound; I will make it up; and whatever is more than that is mine. Malik said that all this and whatever else was like it or resembled it was in the category of muzabana; which was neither good nor permitted. It was also the same case for a man to say to a man; who had fodder leaves; date kernels; cotton; flax; herbs or safflower; I will buy these leaves from you in exchange for such-and-such a sa; indicating leaves which are pounded like his leaves.. or these date kernels for such-and-such a sa of kernels like them; and the like of that in the case of safflower; cotton; flax and herbs. Malik said; All this is what we have described of muzabana.  +
MuwataMalik-017-001-35058 +	Malik said; There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted; the buyer has his gold back and there is no transaction between them. Malik said; There is no harm in everything which is taken right away as it is; like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full; the seller gives him back the portion of the gold that is owed to him; or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction; it is also disapproved. Delay and deferment are not permitted in it; and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer; but this is not to be from one specific orchard or from any specific ewes. Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms; good kabis palms; adhq palms and othertypes. The seller kept Aasi de from the sale the produce of a certain palm of his choice. Malik said; That is not good because if he does that; and keeps Aasi de; for instance; dates of the ajwa variety whose yield would be 15 sa; and he picks the dates of the kabis in their place; and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa; it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa; a heap of 10 sa of kabis; and a heap of 12 sa of cadhq; gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes. Malik said; That is not good. Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said; The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar worth of dates; he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar worth of dates; then he gets back the quarter which is owed to him; or they come to a mutual agreement; and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If; for instance; he prefers to take dry dates or some other goods; he takes them according to what is due. If he takes dry dates or some other goods; he should stay with him until he has been paid in full. Malik said; This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor; carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel; slave or house returns what remains of the rent of the camel; the hire of the slave or the rent of the house to the one who advanced him the money; and the owner reckons what will settle that up in full. If; for instance; he has provided half of what the man paid for; he returns the remaining half of what he advanced; or according to whatever amount is due. Malik said; Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold; whether it be slave; camel; or house; or in the case of dates; he starts to pick them as soon as he has paid the money. It is not good that there be any deferment or credit in such a transaction. Malik said; An example illustrating what is disapproved of in this situation is that; for instance; a man may say that he will pay someone in advance for the use of his camel to ride in the hajj; and the hajj is still some time off; or he may say something similar to that about a slave or a house. When he does that; he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin; he will take it by virtue of what he has already paid. If an accident; or death; or something happens to the camel; then he will get his money back and the money he paid in advance will be considered as a loan. Malik said; This is distinct from someone who takes immediate possession of what he rents or hires; so that it does not fall into the category of uncertainty; or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave; or slave-girl; and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract; he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves. Malik said; Someone who rents a specified slave; or hires a specified camel; for a future date; at which time he will take possession of the camel or slave; has not acted properly because he did not take possession of what he rented or hired; nor is he advancing a loan which the person is responsible to pay back.  +
MuwataMalik-017-001-35059 +	Malik said; The generally agreed on way of doing things among us is that some one who buys some fruit; fresh or dry; should not resell it until he gets full possession of it. He should not barter things of the same type; except hand to hand. Whatever can be made into dry fruit to be stored and eaten; should not be bartered for its own kind; except hand to hand; like for like; when it is the same kind of fruit. In the case of two different kinds of fruit; there is no harm in bartering two of one kind for one of another; hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon; cucumber; melon; carrots; citron; medlars; pomegranates; and soon; which when dried no longer counts as fruit; and is not a thing which is stored up as is fruit; I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it; there is no harm in it.  +
MuwataMalik-017-001-35060 +	Yahya related to me from Malik that Yahya Ibn Said said; The Messenger of Allah; mayAllah bless him and grant him peace; ordered the two Sads to sell a vessel made of either gold or silver from the booty. They either sold each three units of weight for four units of weight of coins or each four units of weight for three units of weight or coins. The Messenger of Allah; may Allah bless him and grant him peace; said to them; You have taken usury; so return it.  +