Muwatta Malik (Yahya)

It is narrated from Sayyiduna Abu Hurairah, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said: "The delay of a wealthy person in repaying a debt is injustice, and when any of you is referred to a wealthy person (for payment), he should accept the referral."

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Hazrat Musa bin Maisarah heard that a person was asking Saeed bin Musayyib: I sell in exchange for a debt? Saeed said: Do not sell except that which you possess.

Imam Malik, may Allah have mercy on him, said that if a person buys something on the condition that the seller will deliver the item to the buyer within a certain period, and the buyer has some interest in this, for example, there is hope that the goods will sell in the market at that time, or there is some other purpose, then if the seller breaks this promise and the buyer wishes to return the item to the seller, the buyer does not have this right, and the sale will remain binding. If the seller brings the item before the appointed time, the buyer will not be compelled to take it.

Imam Malik, may Allah have mercy on him, said that if a person buys grain and measures it, then another buyer comes who wants to buy that grain from the purchaser, and the purchaser says that he has already measured the grain, and that person believes the purchaser and buys the grain for cash, then there is no objection to it. However, it is disliked to buy it on a promise, unless the buyer measures it again.

Imam Malik, may Allah have mercy on him, said that it is not permissible to buy a debt, whether it is upon someone absent or present, except when the present person acknowledges it. Similarly, it is not permissible to buy a debt that is upon a deceased person, because there is deception in it; it is not known whether that debt will be recovered or not. Therefore, if another debt is found upon the deceased or the absent person, then the money is lost. Secondly, that debt has not entered into his guarantee; if it is not settled, then the money is lost.

Imam Malik, may Allah have mercy on him, said that the difference between a sale with advance payment (salam) and a sale of 'inah is that in a sale of 'inah, a person gives ten dinars in cash and takes fifteen dinars on promise; so this is clear deception, and it is outright fraud.

Imam Malik, may Allah have mercy on him, said that if a person sells various types of cloth and makes a condition to exclude some pieces of cloth for a certain amount, then there is no harm in it. But if he does not make this condition, then he will be considered a partner in those clothes, because even in the price of one piece of cloth there can be increase or decrease.

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is that partnership (shirkah), tawliyah, and iqalah are permissible in food items, whether possession has been taken of them or not. However, it is necessary that the transaction be in cash, not deferred, and there should be no increase or decrease. If there is any increase or decrease, or if it is deferred, then these transactions will be considered as sales, not as partnership, tawliyah, or iqalah.

Imam Malik, may Allah have mercy on him, said that if a person buys some goods such as cloth, a slave, or a slave-girl, and then another person says to him, "Include me as a partner in this," and he accepts, and both together pay the price to the seller, and then it turns out that the goods belong to someone else, then the person who became a partner will take his money back from the first buyer. And he (the first buyer) will take it from the seller, except in the case where, at the time of purchase, the buyer said in front of the seller to the partner that if there is any defect in the sale, the responsibility will be on the seller. In that case, the partner will take his loss from the seller. If this is not the case, then the buyer's condition will be of no use, and the loss of compensation will be upon him.

Imam Malik, may Allah have mercy on him, said that Zaid said to Amr: Buy this thing for me and yourself in partnership, I will have it sold, so pay my share of the price as well. This is not permissible because it is a loan on the condition of selling. If that thing is destroyed, then Amr will take the price of his share from Zaid. However, if Amr has already bought a thing, then Zaid says: Include me also in half of it, I will have it sold, then this is permissible.

Malik said: The distinction between a man not selling except what he possesses and a man giving a loan for something whose origin he does not possess is that the one involved in ‘inah only brings his gold with which he wants to buy, and says: “Here are ten dinars; what do you want me to buy for you with them?” So it is as if he is selling ten dinars in cash for fifteen dinars to be paid later. For this reason, this is disliked, and it is merely a trick and deception.