Muwatta Malik (Yahya)

It is narrated from Qasim bin Muhammad that a person asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): If someone makes a forward sale (salam) in clothes and then wants to sell them before taking possession? Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: This is the sale of silver for silver, and he considered it disliked.

Imam Malik, may Allah have mercy on him, said: In our opinion, this means that a person wants to sell those clothes to the same person from whom he bought them, at a price higher than the original price, because if he wants to sell those clothes to someone else, there is no objection.

Malik (may Allah have mercy on him) said: In our view, this ruling is agreed upon: Whoever gives an advance payment (salam) for a slave, an animal, or any other goods, and describes their characteristics for a specified term, when the term expires, the buyer must not sell those things back to the seller for a higher price than the original until he has taken possession of them. Otherwise, it will be riba (usury), as if the seller benefited from the buyer’s money for a period, then returned it with an increase, and this is exactly riba.

Imam Malik, may Allah have mercy on him, said: If a person gives gold or silver as advance payment (salam) for some goods or an animal, and describes its characteristics for a fixed term, then when the term passes or even if it has not passed, the buyer can sell that goods or animal to the seller in exchange for other goods, but it is necessary that he takes the goods in cash, there should be no delay, except for grain, which cannot be sold before taking possession. And if the buyer sells that goods to someone other than the seller, he can sell it even in exchange for gold or silver, but it is necessary that he takes the price in cash, there should be no delay, otherwise it will become a sale of debt for debt. Imam Malik, may Allah have mercy on him, said: If a person gives advance payment (salam) for some goods that are not food or drink for a fixed term, then the buyer has the option to sell that goods to someone other than the seller in exchange for gold, silver, or goods before taking possession, but he cannot sell it to the seller himself; if he does so and sells it in exchange for goods, there is no harm, but it must be a cash transaction. Imam Malik, may Allah have mercy on him, said: Whoever gives rupees or gold coins as advance payment (salam) for four garments for a fixed term, and describes the characteristics of those garments, when the term passes and the buyer demands those things from the seller, but the seller does not have garments of that type, rather he has lighter ones, and at that time the seller says: Take eight garments from these lighter ones, then it is permissible for the buyer to take them, but he should take them immediately in cash, not delay; if he sets a term for those eight garments, it is not permissible. If, before the term passes, he substitutes other garments of the same type, it is not permissible, but it is permissible to substitute with garments of another type.

Malik said: And whoever makes a salam (advance payment) in a commodity to a fixed term, and that commodity is something that is neither eaten nor drunk, then the buyer may sell it to whomever he wishes for cash or goods before he takes possession of it, except to its original owner from whom he bought it. And it is not appropriate for him to sell it to the one from whom he bought it except for goods which he takes possession of and does not delay.

Malik said: And if the merchandise has not become permissible, then there is no harm in selling it to its owner for a different, clearly distinct commodity, which he takes possession of and does not delay. Malik said regarding someone who advanced dinars or dirhams for four described garments to a term, and when the term became due, he demanded them from their owner but did not find them with him, and found with him garments of lesser quality from the same type, so the one upon whom the garments were due said to him: "I will give you eight garments of these of mine for them"—there is no harm in that if he takes those garments which he is given before they separate. But if that term has entered, then it is not valid, and if that is before the due date, it is also not valid unless he sells him garments that are not of the type of garments for which he advanced payment.

Imam Malik, may Allah have mercy on him, said that it is permissible to sell these things before taking possession, except for the seller and to anyone for cash payment, when they have been measured or weighed. If they have been bought in a heap, then it is permissible to sell them both for cash and on credit, because in buying in a heap, the item comes under the guarantee of the buyer from that very moment, and in buying by measure or weight, until the buyer measures or weighs it again and takes possession, it does not come under his guarantee. I have heard this ruling well regarding these things, and in our view, the practice of the people has remained upon this.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that for those things which are not for eating or drinking and are sold by measure or weight, such as safflower, pits, or leaves, etc., there is no harm in disparity (in quantity) even if the type is the same, but credit (sale) is not permissible. If the types are different, then credit is also permissible. And it is permissible to sell these things before taking possession, except that only the seller may take the price in cash from someone else's hand.

Imam Malik, may Allah have mercy on him, said that as for things which are used, such as sand and lime, if they are sold for the same kind on deferred payment, whether equal or unequal, it is not permissible. If they are sold for cash, then it is permissible even if they are unequal.

Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that for those things which are sold by weight, except for silver and gold, such as copper, brass, tin, lead, iron, leaves, grass, cotton, etc., an increase or decrease is permissible as long as it is hand to hand (immediate exchange). For example, it is permissible to take one ratl of iron in exchange for two ratls of iron, or one ratl of brass in exchange for two ratls of brass. However, when the type is the same, it is not permissible to take it on a deferred basis. If the types are different in such a way that there is a clear difference (for example, brass in exchange for iron), then taking it on a deferred basis is also permissible. If there is no clear difference and only a difference in name, such as tin, lead, brass, and bronze, then taking it on a deferred basis is disliked.

It is narrated from Qasim bin Muhammad that a person asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): If someone makes a forward sale (salam) in clothes and then wants to sell them before taking possession? Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: This is the sale of silver for silver, and he considered it disliked.

Imam Malik, may Allah have mercy on him, said: In our opinion, this means that a person wants to sell those clothes to the same person from whom he bought them, at a price higher than the original price, because if he wants to sell those clothes to someone else, there is no objection.

Malik (may Allah have mercy on him) said: In our view, this ruling is agreed upon: Whoever gives an advance payment (salam) for a slave, an animal, or any other goods, and describes their characteristics for a specified term, when the term expires, the buyer must not sell those things back to the seller for a higher price than the original until he has taken possession of them. Otherwise, it will be riba (usury), as if the seller benefited from the buyer’s money for a period, then returned it with an increase, and this is exactly riba.

Imam Malik, may Allah have mercy on him, said: If a person gives gold or silver as advance payment (salam) for some goods or an animal, and describes its characteristics for a fixed term, then when the term passes or even if it has not passed, the buyer can sell that goods or animal to the seller in exchange for other goods, but it is necessary that he takes the goods in cash, there should be no delay, except for grain, which cannot be sold before taking possession. And if the buyer sells that goods to someone other than the seller, he can sell it even in exchange for gold or silver, but it is necessary that he takes the price in cash, there should be no delay, otherwise it will become a sale of debt for debt. Imam Malik, may Allah have mercy on him, said: If a person gives advance payment (salam) for some goods that are not food or drink for a fixed term, then the buyer has the option to sell that goods to someone other than the seller in exchange for gold, silver, or goods before taking possession, but he cannot sell it to the seller himself; if he does so and sells it in exchange for goods, there is no harm, but it must be a cash transaction. Imam Malik, may Allah have mercy on him, said: Whoever gives rupees or gold coins as advance payment (salam) for four garments for a fixed term, and describes the characteristics of those garments, when the term passes and the buyer demands those things from the seller, but the seller does not have garments of that type, rather he has lighter ones, and at that time the seller says: Take eight garments from these lighter ones, then it is permissible for the buyer to take them, but he should take them immediately in cash, not delay; if he sets a term for those eight garments, it is not permissible. If, before the term passes, he substitutes other garments of the same type, it is not permissible, but it is permissible to substitute with garments of another type.

Malik said: And whoever makes a salam (advance payment) in a commodity to a fixed term, and that commodity is something that is neither eaten nor drunk, then the buyer may sell it to whomever he wishes for cash or goods before he takes possession of it, except to its original owner from whom he bought it. And it is not appropriate for him to sell it to the one from whom he bought it except for goods which he takes possession of and does not delay.

Malik said: And if the merchandise has not become permissible, then there is no harm in selling it to its owner for a different, clearly distinct commodity, which he takes possession of and does not delay. Malik said regarding someone who advanced dinars or dirhams for four described garments to a term, and when the term became due, he demanded them from their owner but did not find them with him, and found with him garments of lesser quality from the same type, so the one upon whom the garments were due said to him: "I will give you eight garments of these of mine for them"—there is no harm in that if he takes those garments which he is given before they separate. But if that term has entered, then it is not valid, and if that is before the due date, it is also not valid unless he sells him garments that are not of the type of garments for which he advanced payment.

Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that for those things which are sold by weight, except for silver and gold, such as copper, brass, tin, lead, iron, leaves, grass, cotton, etc., an increase or decrease is permissible as long as it is hand to hand (immediate exchange). For example, it is permissible to take one ratl of iron in exchange for two ratls of iron, or one ratl of brass in exchange for two ratls of brass. However, when the type is the same, it is not permissible to take it on a deferred basis. If the types are different in such a way that there is a clear difference (for example, brass in exchange for iron), then taking it on a deferred basis is also permissible. If there is no clear difference and only a difference in name, such as tin, lead, brass, and bronze, then taking it on a deferred basis is disliked.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that for those things which are not for eating or drinking and are sold by measure or weight, such as safflower, pits, or leaves, etc., there is no harm in disparity (in quantity) even if the type is the same, but credit (sale) is not permissible. If the types are different, then credit is also permissible. And it is permissible to sell these things before taking possession, except that only the seller may take the price in cash from someone else's hand.

Imam Malik, may Allah have mercy on him, said that as for things which are used, such as sand and lime, if they are sold for the same kind on deferred payment, whether equal or unequal, it is not permissible. If they are sold for cash, then it is permissible even if they are unequal.

Imam Malik, may Allah have mercy on him, said that it is permissible to sell these things before taking possession, except for the seller and to anyone for cash payment, when they have been measured or weighed. If they have been bought in a heap, then it is permissible to sell them both for cash and on credit, because in buying in a heap, the item comes under the guarantee of the buyer from that very moment, and in buying by measure or weight, until the buyer measures or weighs it again and takes possession, it does not come under his guarantee. I have heard this ruling well regarding these things, and in our view, the practice of the people has remained upon this.

It is narrated from Qasim bin Muhammad that a person asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): If someone makes a forward sale (salam) in clothes and then wants to sell them before taking possession? Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: This is the sale of silver for silver, and he considered it disliked.

Imam Malik, may Allah have mercy on him, said: In our opinion, this means that a person wants to sell those clothes to the same person from whom he bought them, at a price higher than the original price, because if he wants to sell those clothes to someone else, there is no objection.

Malik (may Allah have mercy on him) said: In our view, this ruling is agreed upon: Whoever gives an advance payment (salam) for a slave, an animal, or any other goods, and describes their characteristics for a specified term, when the term expires, the buyer must not sell those things back to the seller for a higher price than the original until he has taken possession of them. Otherwise, it will be riba (usury), as if the seller benefited from the buyer’s money for a period, then returned it with an increase, and this is exactly riba.

Imam Malik, may Allah have mercy on him, said: If a person gives gold or silver as advance payment (salam) for some goods or an animal, and describes its characteristics for a fixed term, then when the term passes or even if it has not passed, the buyer can sell that goods or animal to the seller in exchange for other goods, but it is necessary that he takes the goods in cash, there should be no delay, except for grain, which cannot be sold before taking possession. And if the buyer sells that goods to someone other than the seller, he can sell it even in exchange for gold or silver, but it is necessary that he takes the price in cash, there should be no delay, otherwise it will become a sale of debt for debt. Imam Malik, may Allah have mercy on him, said: If a person gives advance payment (salam) for some goods that are not food or drink for a fixed term, then the buyer has the option to sell that goods to someone other than the seller in exchange for gold, silver, or goods before taking possession, but he cannot sell it to the seller himself; if he does so and sells it in exchange for goods, there is no harm, but it must be a cash transaction. Imam Malik, may Allah have mercy on him, said: Whoever gives rupees or gold coins as advance payment (salam) for four garments for a fixed term, and describes the characteristics of those garments, when the term passes and the buyer demands those things from the seller, but the seller does not have garments of that type, rather he has lighter ones, and at that time the seller says: Take eight garments from these lighter ones, then it is permissible for the buyer to take them, but he should take them immediately in cash, not delay; if he sets a term for those eight garments, it is not permissible. If, before the term passes, he substitutes other garments of the same type, it is not permissible, but it is permissible to substitute with garments of another type.

Malik said: And whoever makes a salam (advance payment) in a commodity to a fixed term, and that commodity is something that is neither eaten nor drunk, then the buyer may sell it to whomever he wishes for cash or goods before he takes possession of it, except to its original owner from whom he bought it. And it is not appropriate for him to sell it to the one from whom he bought it except for goods which he takes possession of and does not delay.

Malik said: And if the merchandise has not become permissible, then there is no harm in selling it to its owner for a different, clearly distinct commodity, which he takes possession of and does not delay. Malik said regarding someone who advanced dinars or dirhams for four described garments to a term, and when the term became due, he demanded them from their owner but did not find them with him, and found with him garments of lesser quality from the same type, so the one upon whom the garments were due said to him: "I will give you eight garments of these of mine for them"—there is no harm in that if he takes those garments which he is given before they separate. But if that term has entered, then it is not valid, and if that is before the due date, it is also not valid unless he sells him garments that are not of the type of garments for which he advanced payment.

Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that for those things which are sold by weight, except for silver and gold, such as copper, brass, tin, lead, iron, leaves, grass, cotton, etc., an increase or decrease is permissible as long as it is hand to hand (immediate exchange). For example, it is permissible to take one ratl of iron in exchange for two ratls of iron, or one ratl of brass in exchange for two ratls of brass. However, when the type is the same, it is not permissible to take it on a deferred basis. If the types are different in such a way that there is a clear difference (for example, brass in exchange for iron), then taking it on a deferred basis is also permissible. If there is no clear difference and only a difference in name, such as tin, lead, brass, and bronze, then taking it on a deferred basis is disliked.

Imam Malik, may Allah have mercy on him, said that it is permissible to sell these things before taking possession, except for the seller and to anyone for cash payment, when they have been measured or weighed. If they have been bought in a heap, then it is permissible to sell them both for cash and on credit, because in buying in a heap, the item comes under the guarantee of the buyer from that very moment, and in buying by measure or weight, until the buyer measures or weighs it again and takes possession, it does not come under his guarantee. I have heard this ruling well regarding these things, and in our view, the practice of the people has remained upon this.

Imam Malik, may Allah have mercy on him, said that as for things which are used, such as sand and lime, if they are sold for the same kind on deferred payment, whether equal or unequal, it is not permissible. If they are sold for cash, then it is permissible even if they are unequal.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that for those things which are not for eating or drinking and are sold by measure or weight, such as safflower, pits, or leaves, etc., there is no harm in disparity (in quantity) even if the type is the same, but credit (sale) is not permissible. If the types are different, then credit is also permissible. And it is permissible to sell these things before taking possession, except that only the seller may take the price in cash from someone else's hand.

It is narrated from Qasim bin Muhammad that a person asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): If someone makes a forward sale (salam) in clothes and then wants to sell them before taking possession? Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: This is the sale of silver for silver, and he considered it disliked.

Imam Malik, may Allah have mercy on him, said: In our opinion, this means that a person wants to sell those clothes to the same person from whom he bought them, at a price higher than the original price, because if he wants to sell those clothes to someone else, there is no objection.

Malik (may Allah have mercy on him) said: In our view, this ruling is agreed upon: Whoever gives an advance payment (salam) for a slave, an animal, or any other goods, and describes their characteristics for a specified term, when the term expires, the buyer must not sell those things back to the seller for a higher price than the original until he has taken possession of them. Otherwise, it will be riba (usury), as if the seller benefited from the buyer’s money for a period, then returned it with an increase, and this is exactly riba.

Imam Malik, may Allah have mercy on him, said: If a person gives gold or silver as advance payment (salam) for some goods or an animal, and describes its characteristics for a fixed term, then when the term passes or even if it has not passed, the buyer can sell that goods or animal to the seller in exchange for other goods, but it is necessary that he takes the goods in cash, there should be no delay, except for grain, which cannot be sold before taking possession. And if the buyer sells that goods to someone other than the seller, he can sell it even in exchange for gold or silver, but it is necessary that he takes the price in cash, there should be no delay, otherwise it will become a sale of debt for debt. Imam Malik, may Allah have mercy on him, said: If a person gives advance payment (salam) for some goods that are not food or drink for a fixed term, then the buyer has the option to sell that goods to someone other than the seller in exchange for gold, silver, or goods before taking possession, but he cannot sell it to the seller himself; if he does so and sells it in exchange for goods, there is no harm, but it must be a cash transaction. Imam Malik, may Allah have mercy on him, said: Whoever gives rupees or gold coins as advance payment (salam) for four garments for a fixed term, and describes the characteristics of those garments, when the term passes and the buyer demands those things from the seller, but the seller does not have garments of that type, rather he has lighter ones, and at that time the seller says: Take eight garments from these lighter ones, then it is permissible for the buyer to take them, but he should take them immediately in cash, not delay; if he sets a term for those eight garments, it is not permissible. If, before the term passes, he substitutes other garments of the same type, it is not permissible, but it is permissible to substitute with garments of another type.

Malik said: And whoever makes a salam (advance payment) in a commodity to a fixed term, and that commodity is something that is neither eaten nor drunk, then the buyer may sell it to whomever he wishes for cash or goods before he takes possession of it, except to its original owner from whom he bought it. And it is not appropriate for him to sell it to the one from whom he bought it except for goods which he takes possession of and does not delay.

Malik said: And if the merchandise has not become permissible, then there is no harm in selling it to its owner for a different, clearly distinct commodity, which he takes possession of and does not delay. Malik said regarding someone who advanced dinars or dirhams for four described garments to a term, and when the term became due, he demanded them from their owner but did not find them with him, and found with him garments of lesser quality from the same type, so the one upon whom the garments were due said to him: "I will give you eight garments of these of mine for them"—there is no harm in that if he takes those garments which he is given before they separate. But if that term has entered, then it is not valid, and if that is before the due date, it is also not valid unless he sells him garments that are not of the type of garments for which he advanced payment.

Imam Malik, may Allah have mercy on him, said: According to us, the ruling is that for those things which are sold by weight, except for silver and gold, such as copper, brass, tin, lead, iron, leaves, grass, cotton, etc., an increase or decrease is permissible as long as it is hand to hand (immediate exchange). For example, it is permissible to take one ratl of iron in exchange for two ratls of iron, or one ratl of brass in exchange for two ratls of brass. However, when the type is the same, it is not permissible to take it on a deferred basis. If the types are different in such a way that there is a clear difference (for example, brass in exchange for iron), then taking it on a deferred basis is also permissible. If there is no clear difference and only a difference in name, such as tin, lead, brass, and bronze, then taking it on a deferred basis is disliked.

Imam Malik, may Allah have mercy on him, said that it is permissible to sell these things before taking possession, except for the seller and to anyone for cash payment, when they have been measured or weighed. If they have been bought in a heap, then it is permissible to sell them both for cash and on credit, because in buying in a heap, the item comes under the guarantee of the buyer from that very moment, and in buying by measure or weight, until the buyer measures or weighs it again and takes possession, it does not come under his guarantee. I have heard this ruling well regarding these things, and in our view, the practice of the people has remained upon this.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that for those things which are not for eating or drinking and are sold by measure or weight, such as safflower, pits, or leaves, etc., there is no harm in disparity (in quantity) even if the type is the same, but credit (sale) is not permissible. If the types are different, then credit is also permissible. And it is permissible to sell these things before taking possession, except that only the seller may take the price in cash from someone else's hand.

Imam Malik, may Allah have mercy on him, said that as for things which are used, such as sand and lime, if they are sold for the same kind on deferred payment, whether equal or unequal, it is not permissible. If they are sold for cash, then it is permissible even if they are unequal.