Musannaf Ibn Abi Shaybah

Hazrat Ata (may Allah be pleased with him) was asked that a person had some dirhams with another person, and when the time for returning them came, he said to him that he should keep them with him as a mudarabah (partnership). What is the ruling regarding this? He replied that it is not permissible for him until he takes possession of them from him, and then if he wishes, he may give them back to him.

Hasan says that a trust is also like a loan; do not give it as mudarabah before taking possession of it.

It is narrated from Hazrat Harith that a person had some dirhams as a trust with another person. That person said to him, "Buy something for me with these." He (Hazrat Harith) said, "There is no harm in it. However, if that thing is destroyed, he will have to present witnesses that it was bought for him; otherwise, it will not be accepted that it was bought for him. And if it is in the form of a mudarabah, then he should not buy anything for him with it until he takes possession of it or someone as his guardian hands it over to him."

Ibrahim says that when a person has a debt upon someone, he should not hand over (assign) that debt in a Salam sale to him without first taking possession of the debt amount.

Hazrat Sha’bi (may Allah have mercy on him) was asked if a person owes someone a debt, can he make a sale by salam with him? He replied: No, not until he takes possession of it himself.

Hazrat Hakam states that a mudarabah can be converted into a loan, but a loan cannot be converted into a mudarabah.

Hazrat Ibn Umar (may Allah be pleased with them both) was asked about a person who owed someone a debt, and then that person intended to pay it on his behalf in the form of food. He disliked this and said: No, he should not do so until he takes possession of it.