كتاب 32
32
Book 32
(32)
Chapter 32
(32)
باب 32
Muwatta Malik 1464
Yahya said that Malik spoke about an investor paying qirad money
to an agent who made a profit and then wanted to take his share of the
profit and the investor was away. He said, "He should not take any of
it unless the investor is present. If he takes something from it, he
is responsible for it until it is accounted for in the division of the
capital."
Malik said, "It is not permitted for the parties
involved in a qirad to account and divide property which is away from
them until the capital is present, and the investor is given the
principal in full. Then they divide the profit into their agreed
portions."
Malik spoke about a man taking qirad money, and
buying goods with it while he had a debt. His creditors sought and
found him while he was in a city away from the investor, and he had
profitable merchandise whose good quality was clear. They wanted him
to sell the merchandise for them so that they could take his share of
the profit. Malik said, "None of the profit of the qirad is taken
until the investor is present. He takes his principal and then the
profit is divided mutually between them."
Malik spoke about
an investor who put qirad money with an agent and he used it and had a
profit. Then the principal was set aside and the profit divided. He
took his share and added the share of the investor to his principal in
the presence of witnesses he had called. Malik said, "It is not
permitted to divide the profit unless the investor is present. If he
has taken something here turns it until the investor has received the
principal in full. Then what remains is divided into their respective
portions."
Malik spoke about an investor who put qirad money
with an agent. The agent used it and then came to the investor and
said, "This is your portion of the profit, and I have taken the like
of it for myself, and I have retained your principal in full." Malik
said, "I do not like that, unless all the capital is present, the
principal is there and he knows that it is complete and he receives
it. Then they divide the profit between them. He returns the principal
to him if he wishes, or he keeps it. The presence of the principal is
necessary out of fear that the agent might have lost some of it, and
so may want it not to be removed from him and to keep it in his hand."
| Reference | : Muwatta Malik 1464 |
| In-book reference | : Book 32, Hadith 35642 |
| USC-MSA web (English) reference | : Book 7, Hadith 1464 |
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