Property:Has Hadith Text

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MuwataMalik-017-001-35086 +	Yahya related to me from Malik that Muhammad Ibn Abdullah Ibn Abi Maryam asked Said Ibn AlMusayab advice. I am a man who buys food with receipts from AlJar. Perhaps I will buy something for a dinar and half a dirham; and will be given food for a half. Said said; No. You give a dirham; and take the rest in food. A half dirham did not exist as a coin.  +
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.  +
MuwataMalik-017-001-35088 +	Malik said; Another example of that is that the Messenger of Allah; may Allah bless him and grant him peace; forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade; and the ariya sale was based on a favour rendered; and there was no shrewdness in it. Malik said; A man must not buy food for a fourth; a third; or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver; and took goods to make up the rest of his dirham. There is no harm in that transaction. Malik said; There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth; third; or a known fraction. If there was not a known price on the goods and the man said; I will take them from you for the price of each day; this is not halal because there is uncertainty. It might be less one time; and more another time; and they would not part with a known sale. Malik said; If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it; it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third; it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude; and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us.  +
MuwataMalik-017-001-35089 +	Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab said; There is no hoarding in our market; and men who have excess gold in their hands should not buy up one of Allah provisions which he has sent to our courtyard and then hoard it up against us. Someone who brings imported goods through great fatigue to himself in the summer and winter; that person is the guest of Umar. Let him sell what Allah wills and keep what Allah wills.  +
MuwataMalik-017-001-35090 +	Yahya related to me from Malik from Yunus Ibn Yousif from Said Ibn AlMusayab that Umar Ibn AlKhattab passed by Hatab Ibn Abi Baltaa who was underselling some of his raisins in the market. Umar Ibn AlKhattab said to him; Either increase the price or leave our market.  +
MuwataMalik-017-001-35091 +	Yahya related to me from Malik that he had heard that Uthman Ibn Affan forbade hoarding.  +
MuwataMalik-017-001-35092 +	Yahya related to me from Malik from Salih Ibn Kaysan fromHassan Ibn Muhammad Ibn Ali Ibn Abi Talib that Ali Ibn Abi Talib sold one of his camels called Usayfir for 20 camels to be delivered later.  +
MuwataMalik-017-001-35093 +	Yahya related to me from Malik from Nafi that Abdullah Ibn Umar bought a female riding-camel for four camels and he guaranteed to give them in full to the buyer at AlRabadha.  +
MuwataMalik-017-001-35094 +	Yahya related to me that Malik asked Ibn Shihab about selling animals; two for one with delayed terms. He said; There is no harm in it. Malik said; The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange; from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange; the camels to be exchanged from hand to hand; and the dirhams to be paid within a period. He said; There is no good however in bartering a camel for a camel like it with some dirhams on top of it; with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either. Malik said; There is no harm in buying a riding camel with two or more pack-camels; if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms; if they are different and their difference is clear. If they resemble each other whether their species are different or not; two are not to be taken for one with delayed terms. Malik said; The explanation of what is disapproved of in that; is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you; then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash. Malik said; It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do.  +
MuwataMalik-017-001-35095 +	Yahya related to me from Malih from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade the transaction called habal alhabala. It was a transaction which the people of Aljahiliya practised. A man would buy the unborn offspring of the unborn offspring of a camel.  +
MuwataMalik-017-001-35096 +	Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab said; There is no usury in animals. There are three things forbidden in animals: Almadamin; Almalaqih and habal Alhabala. Almadamin is the sale of what is in the wombs of female camels. Almalaqih is the sale of the breeding qualities of camels i.e. for stud. Malik said; No one should buy a specified animal when it is concealed from him or in another place; even if he has already seen it; very recently or not so recently; and was pleased enough with it to pay its price in cash. Malik said; That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason; it is disapproved of. There is no harm in it if it is described and guaranteed.  +
MuwataMalik-017-001-35097 +	Yahya related to me from Malik from Zayd Ibn Aslam from Said Ibn AlMusayab that the Messenger of Allah; may Allah bless him and grant him peace; forbade bartering live animals for meat.  +
MuwataMalik-017-001-35098 +	Yahya related to me from Malik from Daud Ibn AlHusayn that he heard Said Ibn alMusayab say; Part of the gambling of the people of Aljahiliya was bartering live animals for slaughtered meat; for instance one live sheep for two slaughtered sheep.  +
MuwataMalik-017-001-35099 +	Yahya related to me from Malik from Abuz-Zinad that Said Ibn AlMusayab said; Bartering live animals for dead meat is forbidden. Abuz-Zinad said; I said to Said Ibn Mousayab; What do you think of a man buying an old camel for 10 sheep? Said said; If he buys it to slaughter it; there is no good in it. Abuz-Zinad added; All the people i.e. companions that I have seen forbade bartering live animals for meat. Abuz-Zinad said; This used to be written in the appointment letters of governors in the time of Aban Ibn Uthman and Hisham Ibn Ismail.  +
MuwataMalik-017-001-35100 +	Malik said; It is the generally agreed on way of doing things among us that the meat of camels; cattle; sheep and so on is not to be bartered one for one; except like for like; weight for weight; from hand to hand. There is no harm in that. If it is not weighed; then it is estimated to be like for like from hand to hand. Malik said; There is no harm in bartering the meat of fish for the meat of camels; cattle; and sheep and so on two or more for one; from hand to hand. If delayed terms enter the transaction however; there is no good in it. Malik said; I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different; more of one than another; from hand to hand. None of that is to be sold on delayed terms.  +
MuwataMalik-017-001-35101 +	Yahya related to me from Malik from Ibn Shihab from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham from Abu Masud AlAnsari that the Messenger of Allah; may Allah bless him and grant him peace; forbade the sale price of a dog; the earnings of a prostitute and the earnings of a fortune teller. By the earnings of a prostitute he meant what a woman was given for fornication. The earnings of a fortune teller were what he was given to tell a fortune. Malik said; I disapprove of the price of a dog; whether it is a hunting dog or otherwise because the Messenger of Allah; may Allah bless him and grant him peace; forbade the price of a dog.  +
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.  +
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.  +
MuwataMalik-017-001-35104 +	Malik said; The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver; i.e. copper; brass; lead; black lead; iron; herbs; figs; cotton; and any such things that are weighed; is that there is no harm in bartering all those sorts of things two for one; hand to hand. There is no harm in taking a ritl of iron for two ritls of iron; and a ritl of brass for two ritls of brass. Malik said; There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms; if the two sorts are clearly different. If both sorts resemble each other but their names are different; like lead and black lead; brass and yellow brass; I disapprove of taking two of one sort for one of the other on delayed terms. Malik said; When buying something of this nature; there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased; if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring; it should be sold to someone other than the person from whom it was bought; for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring; and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us. Malik said; The way of doing things among us with what is measured or weighed of things which are not eaten or drunk; like safflower; date-stones; fodder leaves; indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one; hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different; there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts; before taking delivery of them if the price is taken from someone other than the person from whom they were purchased. Malik said; Anything of any variety that profits people; like gravel and gypsum; one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms; is usury.  +
MuwataMalik-017-001-35105 +	Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; forbade two sales in one sale.  +
MuwataMalik-017-001-35106 +	Yahya related to me from Malik that he had heard that a man said to another; Buy this camel for me immediately so that I can buy him from you on credit. Abdullah Ibn Umar was asked about that and he disapproved of it and forbade it.  +
MuwataMalik-017-001-35107 +	Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it. Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit; that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten; it would be 15 on credit; and if he paid the ten; he would buy with it what was worth fifteen dinars on credit. Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah; may Allah bless him and grant him peace; forbade two sales in one sale. This was part of two sales in the one sale. Malik spoke about a man saying to another; I will either buy these fifteen sa of ajwa dates from you; or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar; and one of them is obliged to me. Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani; and left them and took fifteen sa of ajwa; or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of; and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food.  +
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.  +
MuwataMalik-017-001-35109 +	Yahya related to me from Malik from Muhammad Ibn Yahya Ibn Habban and from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; forbade mulamasa and munabadha. Malik said; Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it; or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another; and the other throws his garment without either of them making any inspection. Each of them says; this is for this. This is what is forbidden of mulamasa and munabadha. Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with; and what people had done in the past; and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them; an uncertain transaction was not intended and it did not resemble mulamasa.  +
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.  +