موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب البيوعBook: On the Rulings of Buying and Selling
بَابُ جَامِعِ بَيْعِ الثَّمَرِComprehensive Chapter on Sale of Fruits
Hadith 1329Q9
Imam Malik, may Allah have mercy on him, said that if a person, upon paying the rent, takes possession of the camel, slave, or house, then the objection is removed. Its example is that a person buys a slave or a maidservant, brings them into his possession, and pays their price. After that, if due to some defect, the slave or maidservant is returned, then the buyer takes back his payment from the seller, and there is nothing objectionable in this.
Imam Malik, may Allah have mercy on him, said that if a person rents a specific slave or camel and sets a fixed period for taking possession, meaning he says that from such-and-such date I will take the camel or slave into my possession and use, then this is not permissible, because neither the lessee has taken possession of the camel or slave, nor has the lessor. Such a debt is like a loan which the lessee is obliged to pay.
Imam Malik, may Allah have mercy on him, said that if a person rents a specific slave or camel and sets a fixed period for taking possession, meaning he says that from such-and-such date I will take the camel or slave into my possession and use, then this is not permissible, because neither the lessee has taken possession of the camel or slave, nor has the lessor. Such a debt is like a loan which the lessee is obliged to pay.
