Property:Has Hadith Text

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MuwataMalik-017-001-35111 +	Malik spoke about what was done among them in the case of a group of people who bought goods; drapery or slaves; and a man heard about it and said to one of the group; I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion? This person agreed; and the man gave him the profit and became a partner in his place. When he looked at the purchase; he saw that it was ugly and found it too expensive. Malik said; It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known. Malik spoke about a man who had drapery goods sent to him; and salesmen came to him and he read to them his list of contents and said; In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such; and he named to them types of drapery goods by their sort; and he said; Buy them from me according to this description. They bought the bags according to what he described to them; and then they bought them and found them too expensive and regretted it. Malik said; The sale is binding on them; if the goods agree with the list of contents on which he sold them. Malik said; This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it.  +
MuwataMalik-017-001-35112 +	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; Both parties in a business transaction have the right of withdrawal as long as they have not separated; except in the transaction called khiyar. Malik said; There is no specified limit nor any matter which is applied in this case according to us.  +
MuwataMalik-017-001-35113 +	Malik related to me that he had heard that Abdullah Ibn Masud used to relate that the Messenger of Allah; may Allah bless him and grant him peace; said; When two parties dispute about a business transaction; the seller word is taken; or they make an agreement among themselves. Malik spoke about someone who sold goods to a man; and said at the contracting of the sale; I will sell to you provided I consult so-and-so. If he is satisfied; the sale is permitted. If he dislikes it; there is no sale between us. They made the transaction on that basis. Then the buyer regretted before the seller consulted the person. Malik said; That sale is binding on them according to what they described. The buyer has no right of withdrawal; and it is binding on him; if the person whom the seller stipulated to him; permits it. Malik said; The way of doing things among us about a man who buys goods from another and they differ about the price; and the seller says; I sold them to you for ten dinars; and the buyer says; I bought them from you for five dinars; is that it is said to the seller; If you like; give them to the buyer for what he said. If you like; swear by Allah that you only sold your goods for what you said. If he swears it is said to the buyer; Either you take the goods for what the seller said; or you swear by Allah that you bought them only for what you said. If he swears; he is free to return the goods. That is when each of them testifies against the other.  +
MuwataMalik-017-001-35114 +	Yahya related to me from Malik from Abuz-Zinad from Busr Ibn Said from Ubayd; Abu Salih; the mawla of AlSaffah that he said; I sold drapery to the people of Dar Nakhla on credit. Then I wanted to go to Kufa; so they proposed that I reduce the price for them and they would pay me immediately. I asked Zayd Ibn Thabit about that; and he said; I order you not to accept increase or to give to anybody.  +
MuwataMalik-017-001-35115 +	Yahya related to me from Malik from Uthman Ibn Hafs Ibn Khalda from Ibn Shihab from Salim Ibn Abdullah that Abdullah Ibn Umar was asked about a man who took a loan from another man for a set term. The creditor reduced the debt; and the man paid it immediately Abdullah Ibn Umar disliked that; and forbade it.  +
MuwataMalik-017-001-35116 +	Malik related to me that Zayd Ibn Aslam said; Usury in the Aljahiliya was that a man would give a loan to a man for a set term. When the term was due; he would say; Will you pay it off or increase me? If the man paid; he took it. If not; he increased him in his debt and lengthened the term for him. Malik said; The disapproved of way of doing things about which there is no dispute among us; is that a man should give a loan to a man for a term; and then the demander reduce it and the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt. Malik said; This is nothing else but usury. No doubt about it. Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due; the person who owed the debt said to him; Sell me some goods; whose price is one hundred dinars in cash for one hundred and fifty on credit. Malik said; This transaction is not good; and the people of knowledge still forbid it. Malik said; This is disapproved of because the creditor himself gives the debtor the price of what the man sells him; and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction; and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd Ibn Aslam about the transactions of the people of the Aljahiliya. When their debts were due; they said to the person with the debt; Either you pay in full or you increase it. If they paid; they took it; and if not they increased debtors in their debts; and extended the term for them.  +
MuwataMalik-017-001-35117 +	Yahya related to me from Malik from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Delay in payment by a rich man is injustice; but when one of you is referred for payment to a wealthy man; let him be referred.  +
MuwataMalik-017-001-35118 +	86 Malik related to me from Mousa Ibn Maysara that he heard a man ask Said Ibn AlMusayab; I am a man who sells for a debt. Said said; Do not sell except for what you take to your camel. Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date; either in time for a market in which he hoped for their saleability; or to fulfil a need at the time he stipulated. Then the seller failed him about the date; and the buyer wanted to return those goods to the seller. Malik said; The buyer cannot do that; and the sale is binding on him. If the seller does bring the goods before the completion of the term; the buyer cannot be forced to take them. Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said; Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us. Malik said; One should not buy a debt owed by a man whether present or absent; without the confirmation of the one who owes the debt; nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed. He said; The explanation of what is disapproved of in buying a debt owed by someone absent or dead; is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt; the price which the buyer gave on strength of the debt may become worthless. Malik said; There is another fault in that as well. He is buying something which is not guaranteed for him; and so if the deal is not completed; what he paid becomes worthless. This is an uncertain transaction and it is not good. Malik said; One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says; This is 10 dinars. What do you want me to buy for you with it? It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this; it is disapproved of. It is something leading to usury and fraud.  +
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.  +
MuwataMalik-017-001-35120 +	Yahya related to me from Malik from Ibn Shihab from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham that the Messenger of Allah; may Allah bless him and grant him peace; said; Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer; he is more entitled to it than anyone else. If the buyer dies; then the seller is the same as other creditors with respect to it.  +
MuwataMalik-017-001-35121 +	Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Umar Ibn Abdal-Aziz from Abu Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; If anyone goes bankrupt; and a man finds his own property intact with him; he is more entitled to it than anyone else. Malik spoke about a man who sold a man wares; and the buyer went bankrupt. He said; The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them; the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares; and in what he does not find; he is like the creditors. 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 of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it; and the original owner of the plot said; I will take the plot and whatever structure is on it. Malik said; That structure is not his. However; the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion; and the creditors have the amount of the portion of the structure. Malik said; The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams; and the value of the building is one thousand dirhams. The owner of the plot has a third; and the creditors have two-thirds. Malik said; It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases. Malik said; As for goods which have been sold and which the buyer does not improve; but those goods sell well and have gone up in price; so their owner wants them and the creditors also want to seize them; then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him. If the price of the goods has gone down; the one who sold them has a choice. If he likes; he can take his goods and he has no claim to any of his debtor property; and that is his right. If he likes; he can be one of the creditors and take a portion of his due and not take his goods. That is up to him. Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt; The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it.  +
MuwataMalik-017-001-35122 +	Yahya related to me from Malik from Zayd Ibn Aslam from Ata Ibn Yasar that Abu Rafi; the mawla of the Messenger of Allah; may Allah bless him and grant him peace; said; The Messenger of Allah; may Allah bless him and grant him peace; borrowed a young camel and then the camels of sadaqa came to him. Abu Rafi said; He ordered me to repay the man his young camel. I said; I can only find a good camel in its seventh year in the camels. The Messenger of Allah; may Allah bless him and grant him peace; said; Give it to him. The best of people are those who discharge their debts in the best manner.  +
MuwataMalik-017-001-35123 +	Malik related to me from Humayd Ibn Qays AlMakki that Mujahid said; Abdullah Ibn Umar borrowed some dirhams from a man; then he discharged his debt with dirhams better than them. The man said; Abu Abdar-Rahman. These are better than the dirhams which I lent you. Abdullah Ibn Umar said; I know that. But I am happy with myself about that. Malik said; There is no harm in a person who has borrowed gold; silver; food; or animals; taking to the person who lent it; something better than what he lent; when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom; then it is disapproved; and there is no good in it. He said; That is because the Messenger of Allah; may Allah bless him and grant him peace; discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed; and Abdullah Ibn Umar borrowed some dirhams; and repaid them with better ones. If that is from the goodness of the borrower; and it is not by a stipulation; promise; or custom; it is halal and there is no harm in it.  +
MuwataMalik-017-001-35124 +	Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said; Where is the transport?  +
MuwataMalik-017-001-35125 +	And Malik related to me that he had heard that a man came to Abdullah Ibn Umar and said; Abu Abdulrahman I gave a man a loan and stipulated that he give me better than what I lent him. Abdullah Ibn Umar said; That is usury. Abdullah said; Loans are of three types: A free loan which you lend by which you desire the pleasure of Allah; and so you have the pleasure of Allah. A free loan which you lend by which you desire the pleasure of your companion; so you have the pleasure of your companion; and a free loan which you lend by which you take what is impure by what is pure; and that is usury. He said; What do you order me to do; Abu Abdulrahman He said; I think that you should tear up the agreement. If he gives you the like of what you lent him; accept it. If he gives you less than what you lent him; take it and you will be rewarded. If he gives you better than what you lent him; of his own good will; that is his gratitude to you and you have the wage of the period you gave him the loan.  +
MuwataMalik-017-001-35126 +	Yahya related to me from Malik from Nafi that he heard Abdullah Ibn Umar say; If someone lends something; let the only condition be that it is repaid.  +
MuwataMalik-017-001-35127 +	Malik related to me that he had heard that Abdullah Ibn Masud used to say; If someone makes a loan; they should not stipulate better than it. Even if it is a handful of grass; it is usury. Malik said; The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation; and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal; so it is not good. The explanation of what is disapproved of in that; is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it.  +
MuwataMalik-017-001-35128 +	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; Do not let any of you bid against each other.  +
MuwataMalik-017-001-35129 +	Malik related to me from Abuz-Zinad from AlAraj from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Do not go out to meet the caravans for trade; do not bid against each other; outbidding in order to raise the price; and a townsman must not buy on behalf of a man of the desert; and do not tie up the udders of camels and sheep so that they appear to have a lot of milk; for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them; he keeps them and if he is displeased with them; he can return them along with a sa of dates. Malik said; The explanation of the words of the Messenger of Allah; may Allah bless him and grant him peace; according to what we think - and Allah knows best - do not bid against each other; is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade; and Allah knows best. Malik said; There is no harm; however; in more than one person bidding against each other over goods put up for sale. He said; Were people to leave off haggling when the first person started haggling; an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us.  +
MuwataMalik-017-001-35130 +	Malik said; from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; forbade najsh. Malik said; Najsh is to offer a man more than the worth of his goods when you do not mean to buy them and someone else follows you in bidding.  +
MuwataMalik-017-001-35131 +	Yahya related to me from Malik from Abdullah Ibn Dinar from Abdullah Ibn Umar that a man mentioned to the Messenger of Allah; may Allah bless him and grant him peace; that he was always being cheated in business transactions. The Messenger of Allah; may Allah bless him and grant him peace; said; When you enter a transaction; say; No trickery. So whenever that man entered a transaction; he would say; No trickery.  +
MuwataMalik-017-001-35132 +	Malik related to me that Yahya Ibn Said heard Said Ibn AlMusayab say; When you come to a land where they give full measure and full weight; stay there. When you come to a land where they shorten the measure and weight; then do not stay there very long.  +
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.  +
MuwataMalik-017-001-35134 +	Malik related to me that he asked Ibn Shihab about a man who hired an animal; and then re-hired it out for more than what he hired it for. He said; There is no harm in that.  +
MuwataMalik-017-001-35135 +	Yahya related to me from Malik; The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children; the male takes the portion of two females. If there are only females; and there are more than two; they get two thirds of what is left between them. If there is only one; she gets a half. If someone shares with the children; who has a fixed share and there are males among them; the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance. When there are no children; grandchildren through sons have the same position as children; so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons; and there is a male among the children; then the grandchildren through sons do not share in the inheritance with him. If there is no surviving male among the children; and there are two or more daughters; the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased; or further than them. His presence gives access to whatever is left over; if any; to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over; they divide it among them; and the male takes the portion of two females. If nothing is left over; they have nothing. If the only descendant is a daughter; she takes half; and if there are one or more grand-daughters through a son who are in the same position to the deceased; they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased; they have no share and no sixth. If there is a surplus after the allotting of shares to the people with fixed shares; the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus; they have nothing. That is because Allah; the Blessed; the Exalted; said in His Book; Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one; she has a half. Surat 4 ayat 10  +