كتاب 32
32
Book 32
(32)
Chapter 32
(32)
باب 32
Muwatta Malik 1461
Yahya said that Malik said, "The generally agreed on way of doing
things among us about an investor who pays qirad money to an agent to
buy goods, and the agent then sells the goods for a price to be paid
later, and has a profit in the transaction, then the agent dies before
he has received payment, is that if his heirs want to take that money,
they have their father's stipulated portion from the profit. That is
theirs if they are trustworthy to take the payment. If they dislike to
collect it from the debtor and they refer him to the investor, they
are not obliged to collect it and there is nothing against them and
nothing for them by their surrendering it to the investor. If they do
collect it, they have a share of it and expenses like their father
had. They are in the position of their father. If they are not
trustworthy to do so, they can bring someone reliable and trustworthy
to collect the money. If he collects all the capital and all the
profit, they are in the position of their father."
Malik
spoke about an investor who paid qirad money to a man provided that he
used it and was responsible for any delayed payment for which he sold
it. He said, "This is obligatory on the agent. If he sells it for
delayed payment, he is responsible for it."
| Reference | : Muwatta Malik 1461 |
| In-book reference | : Book 32, Hadith 35639 |
| USC-MSA web (English) reference | : Book 7, Hadith 1461 |
| (deprecated numbering scheme) |
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