كتاب 32
32
Book 32
(32)
Chapter 32
(32)
باب 32
Muwatta Malik 1454
Yahya said that Malik spoke about an investor who made a qirad
loan and stipulated to the agent that only certain goods should be
bought with his money or he forbade certain goods which he named to be
bought. He said, "There is no harm in an investor making a condition
on an agent in qirad not to buy a certain kind of animal or goods
which he specifies. It is disapproved of for an investor to make as a
condition on an agent in qirad that he only buy certain goods unless
the goods which he orders him to buy are in plentiful supply and do
not fail either in winter or summer. There is no harm in that case."
Malik spoke about an investor who loaned qirad money and
stipulated that something of the profit should be his alone without
the agent sharing in it. He said, "That is not good, even if it is
only one dirham unless he stipulates that half the profit is his and
half the profit is the agent's or a third or a fourth or whatever.
When he names a percentage, whether great or small, everything
specified by that is halal. This is the qirad of the muslims."
He said, "It is also not good if the investor stipulates that one
dirham or more of the profit is purely his, with out the agent sharing
it and then what remains of the profit is to be divided in half
between them. That is not the qirad of the Muslims."
| Reference | : Muwatta Malik 1454 |
| In-book reference | : Book 32, Hadith 35632 |
| USC-MSA web (English) reference | : Book 7, Hadith 1454 |
| (deprecated numbering scheme) |
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