Muwatta Imam Malik (Riwayat Yahya)

Muhammad bin Abdullah bin Maryam asked Sa'id bin al-Musayyib: I buy grain from a neighbor, sometimes I buy it for one dinar and half a dirham. Should I give grain in exchange for the half dirham? Sa'id said: No, rather give one dirham, and for whatever remains, take grain in exchange for that as well.

Muhammad bin Sirin used to say: Do not sell grains in the ear until they are ripe.

Imam Malik, may Allah have mercy on him, said that if a person buys grain at a fixed price for a specified term, and when the term is completed, the one who owes the grain says: I do not have the grain, sell me the grain that I owe you for the same term. That person says: This is not permissible because the Messenger of Allah, peace and blessings be upon him, forbade selling grain until it comes into possession. If the one who owes the grain says: Fine, then sell me some other grain for the same term, so that I may hand over that grain to you, then this is also not correct, because that person will give the grain and take it back, and the price that the seller gives to the buyer will in fact be the buyer’s own money which he gave to the seller, and this grain will be a means to make it lawful in between, so it will be as if the sale of grain has taken place before possession.

Imam Malik, may Allah have mercy on him, said that Zaid bought grain from Amr. Amr’s grain was with Bakr. So Amr said to Zaid: The amount of grain you have bought from me is the same amount of grain that I have with Bakr. I will arrange for you to meet Bakr, so take it from him. If Amr sold the grain to Zaid in this manner, then this transfer is not valid, because the sale of grain becomes binding before possession. But if Amr had made a salam (forward sale) with Zaid and, upon the expiry of the term, transferred the grain to Bakr, then it is valid, because this is not a sale.

Imam Malik, may Allah have mercy on him, said that the sale of grain before taking possession is prohibited, but the people of knowledge have consensus that partnership, tawliyah, and iqalah are permissible in grain and similar things.

Imam Malik, may Allah have mercy on him, said that this is because the people of knowledge have considered custom and practice in these matters, and have not regarded them like a sale. An example of this is that if a person gives deficient, underweight coins, and then the recipient gives him full-weight coins in return, this is permissible. However, the sale of deficient coins in exchange for full-weight coins is not permissible. If, at the time of making the salam contract, the person stipulated to give deficient, underweight coins and receive full-weight coins, then it will not be valid.

Imam Malik, may Allah have mercy on him, said that its example is also that the Messenger of Allah, peace and blessings be upon him, forbade muzabana and permitted araya. The reason is that the matter of muzabana is done as a trade and with cleverness, while araya is done as a favor and kindness.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy grain in exchange for a quarter or a third of a dirham or any other fraction on the condition that he will give grain in return for that quarter, third, or fraction, based on a promise. However, there is no objection if he buys grain in exchange for a quarter or a third of a dirham or any fraction, based on a promise, and when the promise is fulfilled, he hands over one dirham and, in exchange for the remainder, buys something else and takes it.

Imam Malik, may Allah have mercy on him, said that there is nothing wrong if someone deposits a dirham with another person and then buys something in exchange for a third, a fourth, or a fraction, when the rate of fractions is fixed. If the rate is not fixed and he says that he will take according to the rate of each day, then it is not correct, because there is deception in it; sometimes the rate increases and sometimes it decreases.

Imam Malik, may Allah have mercy on him, said that if a person piles up grain and sells it without making any exception from it, and afterwards wishes to buy some of it back, he may only buy as much as is permissible to be excepted, that is, up to a third or less than a third. If it is more than a third, then it will be disliked like muzabana (a prohibited sale).
Imam Malik, may Allah have mercy on him, said that in our view there is no difference of opinion regarding this ruling.