كتاب 31
31
Book 31
(31)
Chapter 31
(31)
باب 31
Muwatta Malik 1419
Malik said, "The generally agreed on way of doing things among us
about whatever is weighed but is not gold or silver, i.e. copper,
brass, lead, black lead, iron, herbs, figs, cotton, and any such
things that are weighed, is that there is no harm in bartering all
those sorts of things two for one, hand to hand. There is no harm in
taking a ritl of iron for two ritls of iron, and a ritl of brass for
two ritls of brass."
Malik said, "There is no good in two for
one of one sort with delayed terms. There is no harm in taking two of
one sort for one of another on delayed terms, if the two sorts are
clearly different. If both sorts resemble each other but their names
are different, like lead and black lead, brass and yellow brass, I
disapprove of taking two of one sort for one of the other on delayed
terms."
Malik said, "When buying something of this nature,
there is no harm in selling It beforetaking possession of it to some
one other than the person from whom it was purchased, if the price is
taken immediately and if it was bought originally by measure or
weight. If it was bought without measuring, it should be sold to
someone other than the person from whom it was bought, for cash or
with delayed terms. That is because goods have to be guaranteed when
they are bought without measuring, and they cannot be guaranteed when
bought by weight until they are weighed and the deal is completed.
This is the best of what I have heard about all these things. It is
what people continue to do among us."
Malik said, "The way of
doing things among us with what is measured or weighed of things which
are not eaten or drunk, like safflower, date-stones, fodder leaves,
indigo dye and the like of that is that there is no harm in bartering
all those sort of things two for one, hand to hand. Do not take two
for one from the same variety with delayed terms. If the types are
clearly different, there is no harm in taking two of one for one of
the other with delayed terms. There is no harm in selling whatever is
purchased of all these sorts, before taking delivery of them if the
price is taken from someone other than the person from whom they were
purchased."
Malik said, "Anything of any variety that profits
people, like gravel and gypsum, one quantity of them for two of its
like with delayed terms is usury. One quantity of both of them for its
equal plus any increase with delayed terms, is usury."
| Reference | : Muwatta Malik 1419 |
| In-book reference | : Book 31, Hadith 35597 |
| USC-MSA web (English) reference | : Book 7, Hadith 1419 |
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