كتاب 32
32
Book 32
(32)
Chapter 32
(32)
باب 32
Muwatta Malik 1465
Yahya said that Malik spoke about an investor who put qirad money
with an agent who bought goods with it, and the investor told him to
sell them. The agent said that he did not see any way to sell at that
time and they quarrelled about it. He said, "One does not look at the
statement of either of them. The people of experience and insight
concerning such goods are asked about these goods. If they can see
anyway of selling them they are sold for them. If they think it is
time to wait, they should wait."
Malik spoke about a man who
took qirad money from an investor and used it and when the investor
asked him for his money, he said that he had it in full. When he held
him to his settlement he admitted that "Such-and-such of it was lost
with me," and he named an amount of money. "I told you that so that
you would leave it with me." Malik said, "He does not benefit by
denying it after he had confirmed that he had it all . He is
answerable by his confession against himself unless he produces
evidence about the loss of that property which confirms his statement.
If he does not produce an acceptable reason he is answerable by his
confession, and his denial does not avail him."
Malik said,
"Similarly, had he said, 'I have had such-and-such a profit from the
capital,' and then the owner of the capital asked him to pay him the
principal and his profit, and he said that he had not had any profit
in it and had said that only so it might be left in his possession, it
does not benefit him. He is taken to account for what he affirmed
unless he brings acceptable proof of his word, so that the first
statement is not binding on him."
Malik spoke about an
investor who put qirad money with an agent who made a profit with it.
The agent said, "I took the qirad from you provided that I would have
two-thirds." The owner of the capital says, "I gave you a qirad
provided that you had a third." Malik said, "The word is the word of
the agent, and he must take an oath on that if what he says resembles
the known practice of qirad or is close to it. If he brings a matter
which is unacceptable and people do not make qirads like that, he is
not believed, and it is judged to be according to how a qirad like it
would normally be."
Malik spoke about a man who gave a man
one hundred dinars as a qirad. He bought goods with it and then went
to pay the one hundred dinars to the owner of the goods and found that
they had been stolen. The investor says, "Sell the goods. If there is
anything over, it is mine. If there is a loss, it is against you
because you lost it." The agent says, "Rather you must fulfil what the
seller is owed. I bought them with your capital which you gave me."
Malik said, "The agent is obliged to pay the price to the seller and
the investor is told, 'If you wish, pay the hundred dinars to the
agent and the goods are between you. The qirad is according to what
the first hundred was based on. If you wish, you are free of the
goods.' If the hundred dinars are paid to the agent, it is a qirad
according to the conditions of the first qirad. If he refuses, the
goods belong to the agent and he must pay their price."
Malik
spoke about two people in a qirad who settled up and the agent still
had some of the goods which he used - threadbare cloth or a waterskin
or the like of that. Malik said, "Any of that which is insignificant
is of no importance and belongs to the agent. I have not heard anyone
give a decision calling for the return of that. Anything which has a
price is returned. If it is something which has value like an animal,
camel, coarse cloth or the like of that which fetches a price, I think
that he should return what he has remaining of such things unless the
owner overlooks it."
| Reference | : Muwatta Malik 1465 |
| In-book reference | : Book 32, Hadith 35643 |
| USC-MSA web (English) reference | : Book 7, Hadith 1465 |
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