Seller
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Seller Completed Form
The word Seller is a stemmed form of the following words:
Seller Dictionary Definition
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from dictionary.com
http://www.dictionary.com/browse/Seller
from collinsdictionary.com
https://www.collinsdictionary.com/dictionary/english/Seller
Seller in Wikipedia
https://en.wikipedia.org/wiki/Seller
Seller References or Citations
In Quran
nothing found
In Hadith Text Books
Seller In Sahih AlBukhari
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SahihAlBukhari-017-001-2001 | Narrated Abu Rafi: The Prophet ﷺ said; The neighbor has more right to be taken care of by his neighbor than anyone else. Some men said; If one wants to buy a house for 20;000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it just on paper with 20;000 Dirhams but paying to the seller only 9;999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price i.e. 10;001 Dirhams. If the preemptor offers 20;000 Dirhams for the house; he can buy it otherwise he has no right to buy it by this trick he got out of preemption. If the house proves to belong to somebody else other than the seller; the buyer should take back from the seller what he has paid; i.e.; 9;999 Dirhams and one Dinar; because if the house proves to belong to somebody else; so the whole bargain deal is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller; the buyer may return it and receive 20;000 Dirhams instead of 9999 Dirham plus one Dinar which he actually paid. Abu Abdullah said; So that man allows some people the playing of tricks amongst the Muslims although the Prophet ﷺ said; In dealing with Muslims one should not sell them sick animals or bad things or stolen things. | The Chapter on Financial Transaction And Food in HodHood Indexing, Chapter on Tricks by an official person to obtain presents in Sahih AlBukhari | |
| SahihAlBukhari-017-001-5054 | Narrated Abdullah ra said; I heard the Messenger of Allah ﷺ say If somebody buys date-palms after they have been pollinated; the fruits will belong to the seller unless the buyer stipulates the contrary. If somebody buys a slave having some property; the property will belong to the seller unless the buyer stipulate that it should belong to him. | The Chapter on Contracts And Disputes In Selling in HodHood Indexing, Chapter on To pass through a garden or to have a share in datepalms in Sahih AlBukhari | |
| SahihAlBukhari-017-001-5382 | Narrated Ibn Umar: The Prophet ﷺ said; The buyer and the seller have the option to cancel or confirm the bargain before they separate from each other or if the sale is optional. Nafi said; Ibn Umar used to separate quickly from the seller if he had bought a thing which he liked. | The Chapter on Financial Transaction And Charity in HodHood Indexing, Chapter on For what perios to confirm or cancel the bargain in Sahih AlBukhari | |
| SahihAlBukhari-017-001-5389 | Narrated Hakim Bin Hizam: The Prophet ﷺ said; Both the buyer and the seller have the option of canceling or confirming the bargain unless they separate. The sub-narrator; Hammam said; I found this in my book: Both the buyer and the seller give the option of either confirming or canceling the bargain three times; and if they speak the truth and mention the defects; then their bargain will be blessed; and if they tell lies and conceal the defects; they might gain some financial gain but they will deprive their sale of Allahs blessings. | The Chapter on Financial Transaction And Return in HodHood Indexing, Chapter on If the seller has the option of cancelling the bargain in Sahih AlBukhari | |
| SahihAlBukhari-017-001-5472 | Narrated Abdullah Bin Umar: Allah Messenger ﷺ said; If somebody sells pollinated date palms; the fruits will be for the seller unless the buyer stipulates that they will be for himself and the seller agrees. | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, Chapter on Sold or rented datepalms which were pollinated or land which was sown in Sahih AlBukhari |
In Sahih Muslim
nothing found
In Sunan AlTermithi
In Sunan AlNasai
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SunanAlNasai-017-001-13176 | It was narrated from Salim; from his father that the Prophet said: Whoever buys a date-palm tree after it has been pollinated; its fruits belong to the seller; unless the purchaser has stipulated otherwise. And whoever buys a slave who has wealth; his wealth belongs to the seller; unless the purchaser has stipulated otherwise. sahih | The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, Chapter on When A Slave Is Bought Or sold But His Possessions Are Exempt in Sunan AlNasai |
In Sunan Abu Dawoud
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| SunanAbuDawoud-017-001-28678 | Narrated Ibn Umar: The Prophet ﷺ as saying: If anyone buys a slave who possesses property. his property belongs to the seller unless buyer makes a provision and if anyone buys palm-trees after they have been fecundated; the fruit belongs to the seller unless the buyer make a provision. | The Chapter on Contracts And Disputes In Selling in HodHood Indexing, Chapter on Regarding A Slave That Is Sold While He Has Wealth in Sunan Abu Dawoud |
In Muwata Malik
| Hadith Page | Arabic Text | English Translation | Book and Chapter |
|---|---|---|---|
| MuwataMalik-017-001-34950 | Yahya said that he heard Malik say; If a man buys a garment which has a defect; a burn or something else; which the seller knows about and that is testified against him or he confirms it; and the man who has bought it causes a new tear which decreases the price of the garment; and then he learns about the original defect; he can return it to the seller and he is not liable for his tearing it. If a man buys a garment which has a defect of a burn or flaw; and the one who sold it to him claims that he did not know about it; and the buyer has cut the garment or dyed it; then the buyer has an option. If he wishes; he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment; or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it; he can do so. If the buyer has dyed the garment with a dye which increases the value; the buyer has an option. If he wishes; he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams; and the amount by which the dyeing increased the value is five dirhams; then they are partners in the garment; each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment. | The Chapter on Financial Transaction And Return in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik | |
| MuwataMalik-017-001-34989 | Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When boundaries are fixed in land; there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it. | The Chapter on Throwing And Land And Property in HodHood Indexing, The Book of Dress in Muwata Malik | |
| MuwataMalik-017-001-35034 | Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm that Aban Ibn Uthman and Hisham Ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves; to cover both a three day period and a similar clause covering a year. Malik explained; The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity; leprosy; and loss of limbs due to disease. After a year; the seller is free from any liability. Malik said;An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault; the lack of guarantee does not protect him. The purchase is returned. In our view; built-in liability agreements only apply to the purchase of slaves. | The Chapter on Slaves And Praise And Worship in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik | |
| MuwataMalik-017-001-35082 | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar said that there was no harm in a man making an advance to another man for food; with a set description and price until a set date; as long as it was not in crops; or dates which had not begun to ripen. Malik said; The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date; and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order; and so he revokes the sale; is that he must only take back the silver; gold; or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him; it would be selling food before getting delivery of it. Malik said; The Messenger of Allah; may Allah bless him and grant him peace; forbade selling food before getting delivery of it. Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller; the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food. Malik said; The explanation of that is that when the date of delivery comes and the buyer dislikes the food; the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period; or by anything which increases one of them over the other or anything which gives one of them profit; it is not revocation. When either of them do that; revocation becomes a sale. There is an indulgence for revocation; partnership; and transfer; as long as i ncrease; decrease; or deferment does not come into them. If increase; decrease; or deferment comes into it; it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram. Malik said; If someone pays in advance for Syrian wheat; there is no harm if he takes a load after the term falls due. Malik said; It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if; for instance; a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates; there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins; there is no harm if he takes black ones; when it happens after the agreed delivery date; and when the measure of what he takes is like the measure of what he paid for in advance. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Drinks in Muwata Malik | |
| 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. | The Chapter on Financial Transaction And Food in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transactions And Gold in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transaction And Partnership in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Peace And Killing in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transaction And Lands in HodHood Indexing, The Book of Blood Money in Muwata Malik | |
| 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. | The Chapter on Financial Transactions And Gold in HodHood Indexing, The Book of Blood Money in Muwata Malik |
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