A man holding another's deposit who hands it over to him

Ata was asked about a man who had some dirhams with another man. When the time for repayment came, he said to him: Keep it with you as a mudarabah. What is the ruling on this? He said: That is not proper for him until he takes it and has possession of it; then, if he wishes, he may give it to him again.

Al-Hasan said: A deposit is also like a loan; do not give it as a mudarabah before taking possession of it.

It is narrated from al-Harith that a man owed another man some dirhams, and the other said to him: Buy something for me with them. He said: There is no harm in that. But if that item perishes, he will have to present witnesses that it was bought for him; otherwise he will not be believed that it was bought for him. And if it is a mudarabah, he should not buy anything for him with it until he has taken possession of it or gives it to a representative of his.

Ibrahim said: When a man is owed a debt by someone, it is disliked that he should hand it over to him in a salam sale without first taking possession of the debt money.

Al-Sha'bi (may Allah have mercy on him) was asked whether a person who is owed a debt by someone may make a salam sale with him. He said: No, not until he himself has taken possession of it.

Al-Hakam said: A mudarabah may be converted into a debt, but a debt may not be converted into a mudarabah.

Sayyiduna Ibn Umar (may Allah be pleased with them both) was asked about a man who was owed a debt by another man, and who wanted to hand it over to him in a salam sale for food. He disliked it and said: No, not until he takes possession of it.