Stipul

Stipul Completed Form

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Stipul References or Citations

In Quran

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In Hadith Text Books

Stipul In Sahih AlBukhari

Hadith Page	Arabic Text	English Translation	Book and Chapter
SahihAlBukhari-017-001-1709		Narrated AlAswad: Aisha bought Barira in order to manumit her; but her masters stipulated that her Wala after her death would be for them. Aisha said; O Allah Messenger ﷺ ! I have bought Barira in order to manumit her; but her masters stipulated that her Wala will be for them. The Prophet ﷺ said; Manumit her as the Wala is for the one who manumits the slave ; or said; The one who pays her price. Then Aisha bought and manumitted her. After that; Barira was given the choice by the Prophet to stay with her husband or leave him. She said; If he gave me so much and so much money I would not stay with him. AlAswad added: Her husband was a free man. The sub-narrator added: The series of the narrators of AlAswad statement is incomplete. The statement of Ibn Abbas; i.e.; when I saw him he was a slave; is more authentic.	The Chapter on Slaves And Charity in HodHood Indexing, Chapter on The heir of the Saiba in Sahih AlBukhari
SahihAlBukhari-017-001-3540		Narrated Uqba: The Prophet ﷺ said: The stipulations most entitled to be abided by are those with which you are given the right to enjoy the womens private parts i.e. the stipulations of the marriage contract.	The Chapter on Contracts And Disputes And Contracts in HodHood Indexing, Chapter on The conditions stipulated in marriage contract in Sahih AlBukhari
SahihAlBukhari-017-001-4112		Narrated Aiman AlMakki: When I visited Aisha she said; Buraira who had a written contract for her emancipation for a certain amount came to me and said; O mother of the believers! Buy me and manumit me; as my masters will sell me. Aisha agreed to it. Buraira said; My masters will sell me on the condition that my Wala will go to them. Aisha said to her; Then I am not in need of you. The Prophet ﷺ heard of that or was told about it and so he asked Aisha; What is the problem of Buraira? He said; Buy her and manumit her; no matter what they stipulate. Aisha added; I bought and manumitted her; though her masters had stipulated that her Wala would be for them. The Prophet ﷺ said; The Wala is for the liberator; even if the other stipulated a hundred conditions.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on The conditions permissible in the case of a slave who has a writing for emancipation in Sahih AlBukhari
SahihAlBukhari-017-001-4115		Narrated Urwa: Aisha said; Buraira came to me and said; My people masters have written the contract for my emancipation for nine Awaq of gold to be paid in yearly installments; one Uqiya per year; so help me. Aisha said to her ; If your masters agree; I will pay them the whole sum provided the Wala will be for me. Buraira went to her masters and told them about it; but they refused the offer and she returned from them while Allah Messenger ﷺ s was sitting. She said; I presented the offer to them; but they refused unless the Wala would be for them. When the Prophet ﷺ heard that and Aisha told him about It; he said to her; Buy Buraira and let them stipulate that her Wala will be for them; as the Wala is for the manumitted. Aisha did so. After that Allah Messenger ﷺ got up amidst the people; Glorified and Praised Allah and said; What is wrong with some people who stipulate things which are not in Allah Laws? Any condition which is not in Allah Laws is invalid even if there were a hundred such conditions. Allah Rules are the most valid and Allah Conditions are the most solid. The Wala is for the manumitted.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on Conditions for Wala in Sahih AlBukhari
SahihAlBukhari-017-001-4120		Narrated Amra: Aisha said that Buraira came to seek her help in the writing of her emancipation. Aisha said to her; If you wish; I will pay your masters your price and the wala will be for me. When Allah Messenger ﷺ came; she told him about it. The Prophet ﷺ said to her; Buy her i.e. Buraira and manumit her; for the Wala is for the one who manumits. Then Allah Messenger ﷺ ascended the pulpit and said; What about those people who stipulate conditions which are not in Allah Laws? Whoever stipulates such conditions as are not in Allah Laws; then those conditions are invalid even if he stipulated a hundred such conditions.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on AlMukatab conditions which contradict Allah Laws in Sahih AlBukhari
SahihAlBukhari-017-001-4821		Narrated Aisha ra that Barira came to seek her help writing of emancipation and she had to pay five Uqiya of gold by five yearly installments. Aisha said to her; Do you think that if I pay the whole sum at once; your masters will sell you to me; and I will free you and your Wala will be for me. Barira went to her masters and told them about that offer. They said that they would not agree to it unless her Wala would be for them. Aisha further said; I went to Allah Messenger ﷺ and told him about it. Allah Messenger ﷺ said to her; Buy Barira and manumit her and the Wala will be for the liberator. Allah Messenger ﷺ then got up and said; What about those people who stipulate conditions that are not present in Allah Laws? If anybody stipulates a condition which is not in Allah Laws; then what he stipulates is invalid. Allah Condition Laws are the truth and are more solid.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on The sin of one who falsely accuses his slave of illegal sexual intercourse in Sahih AlBukhari
SahihAlBukhari-017-001-4823		Narrated Abdullah Bin Umar: Aisha wanted to buy a slave-girl in order to manumit her. The girl masters stipulated that her Wala would be for them. Allah Messenger ﷺ said to Aisha ; What they stipulate should not stop you; for the Wala is for the liberator.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on Writing of emancipations and conditions in Sahih AlBukhari
SahihAlBukhari-017-001-4826		Narrated Abdul Wahid Bin Aiman: I went to Aisha and said; I was the slave of Utba Bin Abu Lahab. Utba died and his sons became my masters who sold me to Ibn Abu Amr who manumitted me. The sons of Utba stipulated that my Wala should be for them. Aisha said; Buraira came to me and she was given the writing of emancipation by her masters and she asked me to buy and manumit her. I agreed to it; but Buraira told me that her masters would not sell her unless her Wala was for them. Aisha said; I am not in need of that. When the Prophet ﷺ heard that; or he was told about it; he asked Aisha about it. Aisha mentioned what Buraira had told her. The Prophet ﷺ said; Buy and manumit her and let them stipulate whatever they like. So; Aisha bought and manumitted her and her masters stipulated that her Wala should be for them. The Prophet;; said; The Wala will be for the liberator even if they stipulated a hundred conditions.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on If a Mukatab slave asks somebody to buy and free him 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

In Sahih Muslim

Hadith Page	Arabic Text	English Translation	Book and Chapter
SahihMuslim-017-001-21260		Ibn Abbas Allah be pleased with them reported Allah Messenger ﷺ as saying: He who buys foodgrain should not sell it; until he has weighed it and then taken possession of it. I Tawus said to Ibn Abbas Allah be pleased with them : Why is it so? Thereupon he said: Dont you see that they the people sell foodgrains against gold for the stipulated time. Abu Kuraib did not make any mention of the stipulated time.	The Chapter on Food And Zakat in HodHood Indexing, Chapter on 8 in Sahih Muslim

In Sunan AlTermithi

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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
SunanAlNasai-017-001-13195		It was narrated fromAisha that Barirah came to Aisha asking her to help her with her contract of manumission. Aisha said: Go back to your masters; and if they agree to let me pay off your contract of manumission; and let your loyalty be to me; then I will do it Barirah told her masters about that; but they refused and said: If she wants to seek reward with Allah by freeing you; let her do so; but your loyalty will be to us. She told the Messenger of Allah about that ; and the Messenger of Allah said to her; Buy her and set her free; and loyalty belongs to the one who set the slave free; Then the Messenger of Allah said: What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates something that is not in the Book of Allah; it is not valid even if he stipulates one hundred conditions? The condition of Allah is more deserving of being followed and is more hinting.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on Selling A Mukatib in Sunan AlNasai
SunanAlNasai-017-001-13196		It was narrated that Aisha said: Barirah came to me and said: O Sishah; I have drawn up a contract of manumission with my master; to buy my freedom in return for nine Uwqiyah; one Uwqiyah to be paid each year; help me; she had not yet paid anything toward her contract of manumission. Aisha; who liked her and wanted to help her; said: Go back to your masters and if they agree to let me pay the whole sum and that your loyalty will be to me; I will do it. So Barirah went to her masters and suggested that to them; but they refused and said: if she wants to seek reward with Allah by freeing you; let her do so; but you loyalty will be to us; Aisha told the Messenger of Allah about that and he said: Do not let that stop you. Buy her and set her free; and loyalty belongs to the one who sets the slave free.; so she did that; then the Messenger of Allah stood up before the people; praised and glorified Allah; then said: What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates conditions that are not in even if there are a hundred conditions? The decree of Allah takes priority; and the conditions of Allah binding. And loyalty belongs to the one who sets the slaves free.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on If A Mukatib Is Sold Before He Pays Off His Contract Of Manumission in Sunan AlNasai
SunanAlNasai-017-001-14951		It was narrated that Aisha said: Barirah made a contract that she would be freed in return for nine Awaq; one Uqiyah to be paid each year. She came to Aisha asking for help and she said: No; not unless they agree to accept the sum in one payment; and that the Wala will go to me. Barirah went and spoke to her masters but they insisted that the Wala should be for them. She came to Aisha and the Messenger of Allah came; and she told her what her masters had said. She said: No; by Allah; not unless Wala is to me. The Messenger of Allah said: What is this? She said: O Messenger of Allah; Barirah came to me and asked me to help her with her contract of manumission; and I said no; not unless they agree to accept the sum in one payment; and that the Wala will be for me. She mentioned that to her masters and they insisted that the Wala should be for them. The Messenger of Allah said: Buy her; and stipulate that the Wala is for the one who sets the slave free. Then he stood up and addressed the people and said: What is the matter with people who stipulate conditions that are not in the Book of Allah; the Mighty and Sublime? They say: I set so-and-so free but the Wala will be to me. Every condition that is not in the Book of Allah; the Mighty and Sublime; is a false condition; even if there are a hundred conditions. And the Messenger of Allah gave her the choice with regard to her husband who was still a slave; and she chose herself. Urwah said: If he had been free the Messenger of Allah would not have given her the choice.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on Giving The Choice To A Slave Woman Who Has Been Set Free And Whose Husband Is Still A Slave in Sunan AlNasai
SunanAlNasai-017-001-15914		Hilal Bin Khabbab said: I asked Saeed Bin Jubair about a man who performs Hajj and stipulates a condition. He said: Conditions are something that people do among themselves. I narrated the Hadith of Ikrimah to him; and he narrated to me from Ibn Abbas; that Dubaah bint AlZubair Bin Abd AlMuttalib came to the Prophet; and said: O Messenger of Allah; I want to perform Hajj; so what should I say? He said: Say: Labbaik Allahumma! Labbaika wa mahilli min Alardihayth tahbisuni Here I am; O Allah; Here I am; and I shall exit Ihram at any place where You decree that I cannot proceed. And whatever condition you stipulate will be accepted by your Lord.	The Chapter on Camels And Alhajj in HodHood Indexing, Chapter on What Should One Say When Stipulating A Condition in Sunan AlNasai
SunanAlNasai-017-001-15916		It was narrated that Ibn Abbas said: Dubaah bint AlZubair Bin Abd AlMuttalib came to the Messenger of Allah and said: I am a heavy woman and I want to go for Hajj. How do I begin the Ihram? He said: Enter Ihram and stipulate the condition that you will exit Ihram from the point where you are prevented from continuing; if some problem should arise. Sahih Ishaq said: I said to Abd AlRazzaq: Both from Aisha; HIsham and AlZuhir? He said: YesAbu Abdulrahman AlNasai said: I do not know of anyone who narrated this chain from AlZuhri except Mamar.Chpater 61. What Is Done By The One Who Was Prevented During Hajj Without Having Stipulated Condition	The Chapter on Camels And Alhajj in HodHood Indexing, Chapter on What Should One Say When Stipulating A Condition in Sunan AlNasai

In Sunan Abu Dawoud

Hadith Page	Arabic Text	English Translation	Book and Chapter
SunanAbuDawoud-017-001-28302		Narrated Umm Salamah; Ummul Muminin: Safinah said: I was a slave of Umm Salamah; and she said: I shall emancipate you; but I stipulate that you must serve the Messenger of Allah ﷺ as long as you live. I said: Even if you do not make a stipulation; I shall not leave the Messenger of Allah ﷺ. She then emancipated me and made the stipulation with me.	The Chapter on Payments And Buying Of Slaves in HodHood Indexing, Chapter on Manumitting A Slave Subject To A Certain Condition in Sunan Abu Dawoud

In Muwata Malik

Hadith Page	Arabic Text	English Translation	Book and Chapter
MuwataMalik-017-001-34817		Malik related to me that he heard Ibn Shihab say; The precedent of the sunna is that when a slave is freed; his property follows him. Malik said; One thing which makes clear that the property of a slave follows him when he is freed is that when the contract mukatab is written for his freedom; his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves; not in the same way as their property. This is because the sunna; in which there is no dispute; is that when a slave is freed; his property follows him and his children do not follow him; and when a mukatab writes the contract for his freedom; his property follows him and his children do not follow him. Malik said; One thing which makes that clear is that when a slave or a mukatab are bankrupt; their property is taken but the mothers of their children and their children are not taken because they are not their property. Malik said; Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property; his children are not included in his property. Malik said; Another thing which makes it clear is that when a slave does injure some one; he and his property are taken; and his children are not taken.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Speech in Muwata Malik
MuwataMalik-017-001-34915		Yahya said; I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period; the fruits are not included in the pledge with the real estate; unless it is stipulated by the pledger in his pledge. However; if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge; her child is included with her. A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah; may Allah bless him and grant him peace; said; If someone sells a palm which has been pollinated; the fruit belongs to the seller unless the buyer stipulates its inclusion. The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb; the foetus belongs to the buyer; whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother womb whether of slaves or animals.	The Chapter on Agriculture And Selling Of Fruits in HodHood Indexing, The Book of The Evil Eye in Muwata Malik
MuwataMalik-017-001-34980		Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey; service; sacrifice or similar; which he specified by its name; and then the mukatab was able to pay all his instalments before the end of the term. He said; If he pays all his instalments and he is set free and his inviolability as a free man is complete; but he still has this condition to fulfil; the condition is examined; and whatever involves his person in it; like service or a journey etc.; is removed from him and his master has nothing in it. Whatever there is of sacrifice; clothing; or anything that he must pay; that is in the position of dinars and dirhams; and is valued and he pays it along with his instalments; and he is not free until he has paid that along with his instalments. Malik said; The generally agreed-on way of doing things among us about which there is no dispute; is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years; what remains of his service goes to his heirs and his wala goes to the one who contracted to free him and to his male children or paternal relations. Malik spoke about a man who stipulated against his mukatab that he could not travel; marry; or leave his land without his permission; and that if he did so without his permission it was in his power to cancel the kitaba. He said; If the mukatab does any of these things it is not in the man power to cancel the kitaba. Let the master put that before the Sultan. The mukatab; however; should not marry; travel; or leave the land of his master without his permission; whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes; he gives him permission in that. If he wishes; he refuses it.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik
MuwataMalik-017-001-34997		Yahya said that Malik said; The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers; is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property; his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield; when one property has a constant plentiful spring and the other has a watering trough; because of the lightness of working land with a spring; and the hardship of working land with a watering trough. Malik added; That is what is done in our community. Malik said; A share-cropper cannot employ workers from the property in other work; and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract. Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in. If the owner of the property wants to remove one of the slaves of the property; he removes him before the share-cropping; or if he wants to put someone into the property; he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill; the owner of the property must replace them.	The Chapter on Contracts And Disputes And Contracts in HodHood Indexing, The Book of Dress in Muwata Malik
MuwataMalik-017-001-35002		Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said; There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case. Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said; That is not good; even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent or a third or a fourth or whatever. When he names a percentage; whether great or small; everything specified by that is halal. This is the qirad of the muslims. He said; It is also not good if the investor stipulates that one dirham or more of the profit is purely his; with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims.	The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of Dress in Muwata Malik
MuwataMalik-017-001-35003		Yahya said that Malik said; The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it; nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad; there is no sale; no rent; no work; no advance; and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party. He said; If any of that enters the qirad; it becomes hire; and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods; nor that he take any of them for himself. When there is a profit; and it is time to separate the capital; then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss; the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement; of half the profit; or a third or a fourth or whatever. Malik said; It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time. He said; It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified; because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin; and nothing has been bought with it; it can be abandoned; and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it; he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan; and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it. Malik said; It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular; because the investor by stipulating that; stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit; is removed from him. It is not permitted for the investor to stipulate to the agent to only buy from so-and-so; referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage. Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent; The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee; the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed; I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void. Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said; That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold. Malik said; There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment; and when the slave only helps him with the investment; not with anything else.	The Chapter on Financial Transactions And Profits in HodHood Indexing, The Book of Dress in Muwata Malik
MuwataMalik-017-001-35033		Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; If a slave who has wealth is sold; that wealth belongs to the seller unless the buyer stipulates its inclusion. Malik said; The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave property whether it be cash; debts; or goods of known or unknown value; then they belong to the buyer; even if the slave possesses more than that for which he was purchased; whether he was bought for cash; as payment for a debt; or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave property. If a slave has a slave-girl; it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract kitaba to purchase his freedom; then his property goes with him. If he becomes bankrupt; his creditors take his property and his master is not liable for any of his debts.	The Chapter on Slave As A Property in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik
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.	The Chapter on Financial Transaction And Food 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-017-001-35123		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.	The Chapter on Debt And Creditors And Payments in HodHood Indexing, The Book of Blood Money in Muwata Malik