حَدَّثَنَا يَحْيَى، عَنْ مَالِكٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، وَعَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الْمُلاَمَسَةِ وَالْمُنَابَذَةِ .
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habbanand from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messengerof Allah, may Allah bless him and grant him peace, forbade mulamasaand munabadha. Malik said, "Mulamasa is when a man can feel agarment but is not allowed to unfold it or examine what is in it, orhe buys by night and does not know what is in it. Munabadha is that aman throws his garment to another, and the other throws his garmentwithout either of them making any inspection. Each of them says, 'thisis for this. 'This is what is forbidden of mulamasa and munabadha." Malik said that selling bundles with a list of their contentswas different from the sale of the cloak concealed in a bag or thecloth folded up and such things. What made it different was that itwas a common practice and it was what people were familiar with, andwhat people had done in the past, and it was still among the permittedtransactions and trading of people in which they saw no harm becausein the sale of bundles with a list of contents without undoing them,an uncertain transaction was not intended and it did not resemblemulamasa. Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 1366
Web reference: Muwatta Imam Malik Book 31 Hadith no 76
Yahya related to me, that Malik said, "The generally agreed onway of doing things among us about a man buying cloth in one city, andthen taking it to another city to sell as a murabaha, is that he isnot reckoned to have the wage of an agent, or any allowance forironing, folding, straightening, expenses, or the rent of a house. Asfor the cost of transporting the drapery, it is included in the basicprice, and no share of the profit is allocated to it unless the agenttells all of that to the investor. If they agree to share the profitsaccordingly after knowledge of it, there is no harm in that." Malik said, "As for bleaching, tailoring, dyeing, and such things,they are treated in the same way as drapery. The profit is reckoned inthem as it is reckoned in drapery goods. So if he sells the draperygoods without clarifying the things we named as not getting profit,and if the drapery has already gone, the transport is to be reckoned,but no profit is given. If the drapery goods have not gone thetransaction between them is null and void unless they make a newmutual agreement on what is to be permitted between them ." Malik spoke about an agent who bought goods for gold or silver, andthe exchange rate on the day of purchase was ten dirhams to the dinar.He took them to a city to sell murabaha, or sold them where hepurchased them according to the exchange rate of the day on which hesold them. If he bought them for dirhams and he sold them for dinars,or he bought them for dinars and he sold them for dirhams, and thegoods had not gone then he had a choice. If he wished, he accepted tosell the goods and if he wished, he left them. If the goods had beensold, he had the price for which the salesman bought them, and thesalesman was reckoned to have the profit on what they were bought for,over what the investor gained as profit. Malik said, "If aman sells goods worth one hundred dinars for one hundred and ten, andhe hears after that they are worth ninety dinars, and the goods havegone, the seller has a choice. If he likes, he has the price of thegoods on the day they were taken from him unless the price is morethan the price for which he was obliged to sell them in the firstplace, and he does not have more than that - and it is one hundred andten dinars. If he likes, it is counted as profit against ninety unlessthe price his goods reached was less than the value. He is given thechoice between what his goods fetch and the capital plus the profit,which is ninety-nine dinars." Malik said, "If someone sellsgoods in murabaha and he says, 'It was valued at one hundred dinars tome.' Then he hears later on, that it was worth one hundred and twentydinars, the customer is given the choice. If he wishes, he gives thesalesman the value of the goods on the day he took them, and if hewishes, he gives the price for which he bought them according to thereckoning of what profit he gives him, as far as it goes, unless thatis less than the price for which he bought them, for he should notgive the owner of the goods a loss from the price for which he boughtthem because he was satisfied with that. The owner of the goods cameto seek extra, so the buyer has no argument against the salesman inthat to make a reduction from the first price for which he bought itaccording to the list of contents." Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 77
Web reference: Muwatta Imam Malik Book 31 Hadith no 77
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الْمُتَبَايِعَانِ كُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ عَلَى صَاحِبِهِ مَا لَمْ يَتَفَرَّقَا إِلاَّ بَيْعَ الْخِيَارِ " .
Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat the Messenger of Allah, may Allah bless him and grant him peace,said, "Both parties in a business transaction have the right ofwithdrawal as long as they have not separated, except in thetransaction called khiyar." Malik said, "There is nospecified limit nor any matter which is applied in this case accordingto us." Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 1367
Web reference: Muwatta Imam Malik Book 31 Hadith no 80
وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ عَبْدَ اللَّهِ بْنَ مَسْعُودٍ، كَانَ يُحَدِّثُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " أَيُّمَا بَيِّعَيْنِ تَبَايَعَا فَالْقَوْلُ مَا قَالَ الْبَائِعُ أَوْ يَتَرَادَّانِ " .
Malik related to me that he had heard that Abdullah ibn Masudused to relate that the Messenger of Allah, may Allah bless him andgrant him peace, said, "When two parties dispute about a businesstransaction, the seller's word is taken, or they make an agreementamong themselves. Malik spoke about someone who sold goods toa man, and said at the contracting of the sale, 'I will sell to youprovided I consult so-and-so. If he is satisfied, the sale ispermitted. If he dislikes it, there is no sale between us.' They madethe transaction on that basis. Then the buyer regretted before theseller consulted the person. Malik said, "That sale isbinding on them according to what they described. The buyer has noright of withdrawal, and it is binding on him, if the person whom theseller stipulated to him, permits it." Malik said, "The wayof doing things among us about a man who buys goods from another andthey differ about the price, and the seller says, 'I sold them to youfor ten dinars,' and the buyer says, 'I bought them from you for fivedinars,' is that it is said to the seller, 'If you like, give them tothe buyer for what he said. If you like, swear by Allah that you onlysold your goods for what you said.' If he swears it is said to thebuyer, 'Either you take the goods for what the seller said, or youswear by Allah that you bought them only for what you said.' If heswears, he is free to return the goods. That is when each of themtestifies against the other." Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 1368
Web reference: Muwatta Imam Malik Book 31 Hadith no 81
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزِّنَادِ، عَنْ بُسْرِ بْنِ سَعِيدٍ، عَنْ عُبَيْدٍ أَبِي صَالِحٍ، مَوْلَى السَّفَّاحِ أَنَّهُ قَالَ بِعْتُ بَزًّا لِي مِنْ أَهْلِ دَارِ نَخْلَةَ إِلَى أَجَلٍ ثُمَّ أَرَدْتُ الْخُرُوجَ إِلَى الْكُوفَةِ فَعَرَضُوا عَلَىَّ أَنْ أَضَعَ عَنْهُمْ بَعْضَ الثَّمَنِ وَيَنْقُدُونِي فَسَأَلْتُ عَنْ ذَلِكَ زَيْدَ بْنَ ثَابِتٍ فَقَالَ لاَ آمُرُكَ أَنْ تَأْكُلَ هَذَا وَلاَ تُوكِلَهُ .
Yahya related to me from Malik from Abu'z-Zinad from Busr ibnSaid from Ubayd, Abu Salih, the mawla of as-Saffah that he said, "Isold drapery to the people of Dar Nakhla on credit. Then I wanted togo to Kufa, so they proposed that I reduce the price for them and theywould pay me immediately . I asked Zayd ibn Thabit about that, and hesaid, 'I order you not to accept increase or to give to anybody.' " Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 1369
Web reference: Muwatta Imam Malik Book 31 Hadith no 82
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ عُثْمَانَ بْنِ حَفْصِ بْنِ خَلْدَةَ، عَنِ ابْنِ شِهَابٍ، عَنْ سَالِمِ بْنِ عَبْدِ اللَّهِ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ سُئِلَ عَنِ الرَّجُلِ، يَكُونُ لَهُ الدَّيْنُ عَلَى الرَّجُلِ إِلَى أَجَلٍ فَيَضَعُ عَنْهُ صَاحِبُ الْحَقِّ وَيُعَجِّلُهُ الآخَرُ فَكَرِهَ ذَلِكَ عَبْدُ اللَّهِ بْنُ عُمَرَ وَنَهَى عَنْهُ .
Yahya related to me from Malik from Uthman ibn Hafs ibn Khaldafrom Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar wasasked about a man who took a loan from another man for a set term. Thecreditor reduced the debt, and the man paid it immediately Abdullahibn Umar disliked that, and forbade it. Translation Not Available
Book reference: Muwatta Imam Malik Book 31 Hadith no 1370
Web reference: Muwatta Imam Malik Book 31 Hadith no 83
