Muwatta Imam Malik — Business Transactions

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." Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith 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

حدثني يحيى، عن مالك، عن ابن شهاب، عن ابي بكر بن عبد الرحمن بن الحارث بن هشام، ان رسول الله صلى الله عليه وسلم قال " ايما رجل باع متاعا فافلس الذي ابتاعه منه ولم يقبض الذي باعه من ثمنه شييا فوجده بعينه فهو احق به وان مات الذي ابتاعه فصاحب المتاع فيه اسوة الغرماء

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 Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra 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's 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's 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

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

حدثني يحيى، عن مالك، عن زيد بن اسلم، عن عطاء بن يسار، عن ابي رافع، مولى رسول الله صلى الله عليه وسلم انه قال استسلف رسول الله صلى الله عليه وسلم بكرا فجاءته ابل من الصدقة قال ابو رافع فامرني رسول الله صلى الله عليه وسلم ان اقضي الرجل بكره فقلت لم اجد في الابل الا جملا خيارا رباعيا . فقال رسول الله صلى الله عليه وسلم " اعطه اياه فان خيار الناس احسنهم قضاء

Malik related to me from Humayd ibn Qays al-Makki 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

وحدثني مالك، عن حميد بن قيس المكي، عن مجاهد، انه قال استسلف عبد الله بن عمر من رجل دراهم ثم قضاه دراهم خيرا منها فقال الرجل يا ابا عبد الرحمن هذه خير من دراهمي التي اسلفتك . فقال عبد الله بن عمر قد علمت ولكن نفسي بذلك طيبة . قال مالك لا باس بان يقبض من اسلف شييا من الذهب او الورق او الطعام او الحيوان ممن اسلفه ذلك افضل مما اسلفه اذا لم يكن ذلك على شرط منهما او عادة فان كان ذلك على شرط او واى او عادة فذلك مكروه ولا خير فيه . قال وذلك ان رسول الله صلى الله عليه وسلم قضى جملا رباعيا خيارا مكان بكر استسلفه وان عبد الله بن عمر استسلف دراهم فقضى خيرا منها فان كان ذلك على طيب نفس من المستسلف ولم يكن ذلك على شرط ولا واى ولا عادة كان ذلك حلالا لا باس به

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab 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?

حدثني يحيى، عن مالك، انه بلغه ان عمر بن الخطاب، قال في رجل اسلف رجلا طعاما على ان يعطيه اياه في بلد اخر فكره ذلك عمر بن الخطاب وقال فاين الحمل يعني حملانه

And Malik related to me that he had heard that a man came to Abdullah ibn Umar and said, "Abu Abd ar-Rahman, 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 Abd ar-Rahman?" 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

وحدثني مالك، انه بلغه ان رجلا، اتى عبد الله بن عمر فقال يا ابا عبد الرحمن اني اسلفت رجلا سلفا واشترطت عليه افضل مما اسلفته . فقال عبد الله بن عمر فذلك الربا . قال فكيف تامرني يا ابا عبد الرحمن فقال عبد الله السلف على ثلاثة وجوه سلف تسلفه تريد به وجه الله فلك وجه الله وسلف تسلفه تريد به وجه صاحبك فلك وجه صاحبك وسلف تسلفه لتاخذ خبيثا بطيب فذلك الربا . قال فكيف تامرني يا ابا عبد الرحمن قال ارى ان تشق الصحيفة فان اعطاك مثل الذي اسلفته قبلته وان اعطاك دون الذي اسلفته فاخذته اجرت وان اعطاك افضل مما اسلفته طيبة به نفسه فذلك شكر شكره لك ولك اجر ما انظرته

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

وحدثني مالك، عن نافع، انه سمع عبد الله بن عمر، يقول من اسلف سلفا فلا يشترط الا قضاءه

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

وحدثني مالك، انه بلغه ان عبد الله بن مسعود، كان يقول من اسلف سلفا فلا يشترط افضل منه وان كانت قبضة من علف فهو ربا . قال مالك الامر المجتمع عليه عندنا ان من استسلف شييا من الحيوان بصفة وتحلية معلومة فانه لا باس بذلك وعليه ان يرد مثله الا ما كان من الولايد فانه يخاف في ذلك الذريعة الى احلال ما لا يحل فلا يصلح وتفسير ما كره من ذلك ان يستسلف الرجل الجارية فيصيبها ما بدا له ثم يردها الى صاحبها بعينها فذلك لا يصلح ولا يحل ولم يزل اهل العلم ينهون عنه ولا يرخصون فيه لاحد

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

حدثني يحيى، عن مالك، عن نافع، عن عبد الله بن عمر، ان رسول الله صلى الله عليه وسلم قال " لا يبع بعضكم على بيع بعض

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra 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

وحدثني مالك، عن ابي الزناد، عن الاعرج، عن ابي هريرة، ان رسول الله صلى الله عليه وسلم قال " لا تلقوا الركبان للبيع ولا يبع بعضكم على بيع بعض ولا تناجشوا ولا يبع حاضر لباد ولا تصروا الابل والغنم فمن ابتاعها بعد ذلك فهو بخير النظرين بعد ان يحلبها ان رضيها امسكها وان سخطها ردها وصاعا من تمر

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

قال مالك عن نافع، عن عبد الله بن عمر، ان رسول الله صلى الله عليه وسلم نهى عن النجش

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

حدثني يحيى، عن مالك، عن عبد الله بن دينار، عن عبد الله بن عمر، ان رجلا، ذكر لرسول الله صلى الله عليه وسلم انه يخدع في البيوع فقال رسول الله صلى الله عليه وسلم " اذا بايعت فقل لا خلابة " . قال فكان الرجل اذا بايع يقول لا خلابة

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab 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

وحدثني مالك، عن يحيى بن سعيد، انه سمع سعيد بن المسيب، يقول اذا جيت ارضا يوفون المكيال والميزان فاطل المقام بها واذا جيت ارضا ينقصون المكيال والميزان فاقلل المقام بها

Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir 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

وحدثني مالك، عن يحيى بن سعيد، انه سمع محمد بن المنكدر، يقول احب الله عبدا سمحا ان باع سمحا ان ابتاع سمحا ان قضى سمحا ان اقتضى . قال مالك في الرجل يشتري الابل او الغنم او البز او الرقيق او شييا من العروض جزافا انه لا يكون الجزاف في شىء مما يعد عدا . قال مالك في الرجل يعطي الرجل السلعة يبيعها له وقد قومها صاحبها قيمة فقال ان بعتها بهذا الثمن الذي امرتك به فلك دينار - او شىء يسميه له يتراضيان عليه - وان لم تبعها فليس لك شىء انه لا باس بذلك اذا سمى ثمنا يبيعها به وسمى اجرا معلوما اذا باع اخذه وان لم يبع فلا شىء له . قال مالك ومثل ذلك ان يقول الرجل للرجل ان قدرت على غلامي الابق او جيت بجملي الشارد فلك كذا . فهذا من باب الجعل وليس من باب الاجارة ولو كان من باب الاجارة لم يصلح . قال مالك فاما الرجل يعطى السلعة فيقال له بعها ولك كذا وكذا في كل دينار . لشىء يسميه فان ذلك لا يصلح لانه كلما نقص دينار من ثمن السلعة نقص من حقه الذي سمى له فهذا غرر لا يدري كم جعل له

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

وحدثني مالك، عن ابن شهاب، انه ساله عن الرجل، يتكارى الدابة ثم يكريها باكثر مما تكاراها به فقال لا باس بذلك