Yahya related to me from Malik from Ibn Shihab that Said ibn al-
Musayyab said, "There is no usury in animals. There are three things
forbidden in animals:
al-madamin, al-malaqih and habal al-habala. Al-
madamin is the sale of what is in the wombs of female camels. Al-
malaqih is the sale of the breeding qualities of camels" (i.e. for
stud).
Malik said, "No one should buy a specified animal when
it is concealed from him or in another place, even if he has already
seen it, very recently or not so recently, and was pleased enough with
it to pay its price in cash."
Malik said, "That is
disapproved of because the seller makes use of the price and it is not
known whether or not those goods are found to be as the buyer saw them
or not. For that reason, it is disapproved of. There is no harm in it
if it is described and guaranteed."
Yahya related to me from Malik from Zayd ibn Aslam from Said ibn
al-Musayyab that the Messenger of Allah, may Allah bless him and grant
him peace, forbade bartering live animals for meat.
Yahya related to me from Malik from Da'ud ibn al-Husayn that he
heard Said ibn alMusayyab say, "Part of the gambling of the people of
Jahiliya was bartering live animals for slaughtered meat, for instance
one live sheep for two slaughtered sheep."
Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-
Musayyab said, "Bartering live animals for dead meat is forbidden."
Abu'z-Zinad said, "I said to Said ibn Musayyab, 'What do you think of
a man buying an old camel for 10 sheep?' " Said said, "If he buys it
to slaughter it, there is no good in it." Abu'z-Zinad added, "All the
people (i.e. companions) that I have seen forbade bartering live
animals for meat."
Abu'z-Zinad said, "This used to be written
in the appointment letters of governors in the time of Aban ibn Uthman
and Hisham ibn Ismail."
Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Masud al-Ansari that
the Messenger of Allah, may Allah bless him and grant him peace,
forbade the sale price of a dog, the earnings of a prostitute and the
earnings of a fortune teller.
By the earnings of a prostitute
he meant what a woman was given for fornication. The earnings of a
fortune teller were what he was given to tell a fortune.
Malik said, "I disapprove of the price of a dog, whether it is a
hunting dog or otherwise because the Messenger of Allah, may Allah
bless him and grant him peace, forbade the price of a dog."
Yahya related to me from Malik that he had heard that the
Messenger of Allah, may Allah bless him and grant him peace, forbade
'selling and lending.'
Malik said, "The explanation of what
that meant is that one man says to another, 'I will take your goods
for such-and-such if you lend me such-and-such.' If they agree to a
transaction in this manner, it is not permitted. If the one who
stipulates the loan abandons his stipulation, then the sale is
permitted."
Malik said, "There is no harm in exchanging linen
from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth
of Herat or Merv for Yemeni cloaks and shawls and such like as one for
two or three, from hand to hand or with delayed terms. If the goods
are of the same kind, and deferment enters into the transaction, there
is no good in it."
Malik said, "It is not good unless they
are different, and the difference between them is clear. When they
resemble each other, even if the names are different, do not take two
for one with delayed terms, for instance two garments of Herat for one
from Merv or Quhy with delayed terms, ortwo garments of Furqub for one
from Shata. All these sorts are of the same description, so do not buy
two for one, on delayed terms."
Malik said, "There is no harm
in selling what you buy of things of this nature, before you complete
the deal, to some one other than the person from whom you purchased
them if the price was paid in cash."
USC-MSA web (English) reference : Book 31, Hadith 69
Hadith 513600
Chapter 31: Business Transactions - كتاب البيوع
Yahya related to me from Malik from Yahya ibn Said that al-Qasim
ibn Muhammad said, ''I heard Abdullah ibn Abbas say, when a man asked
him about a man making an advance on some garments and then wanting to
sell them back before taking possession of them, 'That is silver for
silver,' and he disapproved of it."
Malik said, "Our opinion
is - and Allah knows best that was because he wanted to sell them to
the person from whom he had bought them for more than the price for
which he bought them. Had he sold them to some one other than the
person from whom he had purchased them, there would not have been any
harm in it."
Malik said, "The generally agreed on way of
doing things among us concerning making an advance for slaves, cattle
or goods is that when all of what is to be sold is described and an
advance is made for them for a date, and the date falls due, the buyer
does not sell any of that to the person from whom he has purchased it
for more than the price which he advanced for it before he has taken
full possession of what he has advanced for. It is usury if he does.
If the buyer gives the seller dinars or dirhams and he profits with
them, then, when the goods come to the buyer and he does not take them
into his possession but sells them back to their owner for more than
what he advanced for them, the outcome is that what he has advanced
has returned to him and has been increased for him."
Malik
said, "If someone advances gold or silver for described animals or
goods which are to be delivered before a named date, and the date
arrives, or it is before or after the date, there is no harm in the
buyer selling those goods to the seller, for other goods, to be taken
immediately and not delayed, no matter how extensive the amount of
those goods is, except in the case of food because it is not halal to
sell it before he has full possession of it. The buyer can sell those
goods to some one other than the person from whom he purchased them
for gold or silver or any goods. He takes possession of it and does
not defer it because if he defers it, that is ugly and there enters
into the transaction what is disapproved of:
delay for delay. Delay
for delay is to sell a debt against one man for a debt against another
man."
Malik said, "If someone advances for goods to be
delivered after a time, and those goods are neither something to be
eaten nor drunk, he can sell them to whomever he likes for cash or
goods, before he takes delivery of them, to some one other than the
person from whom he purchased them. He must not sell them to the
person from whom he bought them except in exchange for goods which he
takes possession of immediately and does not defer."
Malik
said, "If the delivery date for the goods has not arrived, there is no
harm in selling them to the original owner for goods which are clearly
different and which he takes immediate possession of and does not
defer."
Malik spoke about the case of a man who advanced
dinars or dirhams for four specified pieces of cloth to be delivered
before a specified time and when the term fell due, he demanded
delivery from the seller and the seller did not have them. He found
that the seller had cloth but inferior quality, and the seller said
that he would give him eight of those cloths. Malik said, "There is no
harm in that if he takes the cloths which he offers him before they
separate. It is not good if delayed terms enter into the transaction.
It is also not good if that is before the end of the term, unless he
sells him cloth which is notthetypeof cloth for which he made an
advance.
Yahya related to me from Malik that he had heard that a man said
to another, "Buy this camel for me immediately so that I can buy him
from you on credit." Abdullah ibn Umar was asked about that and he
disapproved of it and forbade it.
Yahya related to me from Malik that he had heard that al-Qasim
ibn Muhammad was asked about a man who bought goods for 10 dinars cash
or fifteen dinars on credit. He disapproved of that and forbade it.
Malik said that if a man bought goods from a man for either
10 dinars or 15 dinars on credit, that one of the two prices was
obliged on the buyer. It was not to be done because if he postponed
paying the ten, it would be 15 on credit, and if he paid the ten, he
would buy with it what was worth fifteen dinars on credit.
Malik said that it was disapproved of for a man to buy goods from
someone for either a dinar cash or for a described sheep on credit and
that one of the two prices was obliged on him. It was not to be done
because the Messenger of Allah, may Allah bless him and grant him
peace, forbade two sales in one sale. This was part of two sales in
the one sale.
Malik spoke about a man saying to another, "'I
will either buy these fifteen sa of ajwa dates from you, or these ten
sa of sayhani dates or I will buy these fifteen sa of inferior wheat
or these ten sa of Syrian wheat for a dinar, and one of them is
obliged to me.' Malik said that it was disapproved of and was not
halal. That was because he obliged him ten sa of sayhani, and left
them and took fifteen sa of ajwa, or he was obliged fifteen sa of
inferior wheat and left them and took ten sa of Syrian wheat. This was
also disapproved of, and was not halal. It resembled what was
prohibited in the way of two sales in one sale. It was also included
under the prohibition against buying two for one of the same sort of
food."
Yahya related to me from Malik from Abu Hazim ibn Dinar from Said
ibn al-Musayyab that the Messenger of Allah, may Allah bless him and
grant him peace, forbade the sale with uncertainty in it.
Malik said, "An example of one type of uncertain transaction and risk
is that a man intends the price of a stray animal or escaped slave to
be fifty dinars. A man says, 'I will take him from you for twenty
dinars.' If the buyer finds him, thirty dinars goes from the seller,
and if he does not find him, the seller takes twenty dinars from the
buyer."
Malik said, "There is another fault in that. If that
stray is found, it is not known whether it will have increased or
decreased in value or what defects may have befallen it. This
transaction is greatly uncertain and risky."
Malik said,
"According to our way of doing things, one kind of uncertain
transaction and risk is selling what is in the wombs of females -
women and animals - because it is not known whether or not it will
come out, and if it does come out, it is not known whether it will be
beautiful or ugly, normal or disabled, male or female. All that is
disparate. If it has that, its price is such-and-such, and if it has
this, its price is such-and-such."
Malik said, "Females must
not be sold with what is in their wombs excluded. That is that, for
instance, a man says to another, 'The price of my sheep which has much
milk is three dinars. She is yours for two dinars while I will have
her future offspring.' This is disapproved because it is an uncertain
transaction and a risk."
Malik said, "It is not halal to sell
olives for olive oil or sesame for sesame oil, or butter for ghee
because muzabana comes into that, because the person who buys the raw
product for something specified which comes from it, does not know
whether more or less will come out of that, so it is an uncertain
transaction and a risk."
Malik said, "A similar case is the
selling of ben-nuts for ben-nut oil. This is an uncertain transaction
because what comes from the ben-nut is ben-oil. There is no harm in
selling ben-nuts for perfumed ben because perfumed ben has been
perfumed, mixed and changed from the state of raw ben-nut oil."
Malik, speaking about a man who sold goods to a man on the
provision that there was to be no loss for the buyer, (i.e. if the
buyer could not re-sell the goods they could go back to the seller),
said, "This transaction is not permitted and it is part of risk. The
explanation of why it is so, is that it is as if the seller hired the
buyer for the profit if the goods make a profit. If he sells the stock
at a loss, he has nothing, and his efforts are not compensated. This
is not good. In such a transaction, the buyer should have a wage
according to the work that he has contributed. Whatever there is of
loss or profit in those goods is for and against the seller. This is
only when the goods are gone and sold. If they do not go, the
transaction between them is null and void."
Malik said, "As
for a man who buys goods from a man and he concludes the sale and then
the buyer regrets and asks to have the price reduced and the seller
refuses and says, 'Sell it and I will compensate you for any loss.'
There is no harm in this because there is no risk. It is something he
proposes to him, and their transaction was not based on that. That is
what is done among us."
USC-MSA web (English) reference : Book 31, Hadith 75
Hadith 513650
Chapter 31: Business Transactions - كتاب البيوع
حَدَّثَنَا يَحْيَى، عَنْ مَالِكٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، وَعَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الْمُلاَمَسَةِ وَالْمُنَابَذَةِ .
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban
and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger
of Allah, may Allah bless him and grant him peace, forbade mulamasa
and munabadha.
Malik said, "Mulamasa is when a man can feel a
garment but is not allowed to unfold it or examine what is in it, or
he buys by night and does not know what is in it. Munabadha is that a
man throws his garment to another, and the other throws his garment
without either of them making any inspection. Each of them says, 'this
is for this. 'This is what is forbidden of mulamasa and munabadha."
Malik said that selling bundles with a list of their contents
was different from the sale of the cloak concealed in a bag or the
cloth folded up and such things. What made it different was that it
was a common practice and it was what people were familiar with, and
what people had done in the past, and it was still among the permitted
transactions and trading of people in which they saw no harm because
in the sale of bundles with a list of contents without undoing them,
an uncertain transaction was not intended and it did not resemble
mulamasa.
USC-MSA web (English) reference : Book 31, Hadith 76
Hadith 513660
Chapter 31: Business Transactions - كتاب البيوع
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" الْمُتَبَايِعَانِ كُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ عَلَى صَاحِبِهِ مَا لَمْ يَتَفَرَّقَا إِلاَّ بَيْعَ الْخِيَارِ " .
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "Both parties in a business transaction have the right of
withdrawal as long as they have not separated, except in the
transaction called khiyar."
Malik said, "There is no
specified limit nor any matter which is applied in this case according
to us."
USC-MSA web (English) reference : Book 31, Hadith 80
Hadith 513670
Chapter 31: Business Transactions - كتاب البيوع
وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ عَبْدَ اللَّهِ بْنَ مَسْعُودٍ، كَانَ يُحَدِّثُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" أَيُّمَا بَيِّعَيْنِ تَبَايَعَا فَالْقَوْلُ مَا قَالَ الْبَائِعُ أَوْ يَتَرَادَّانِ " .
Malik related to me that he had heard that Abdullah ibn Masud
used to relate that the Messenger of Allah, may Allah bless him and
grant him peace, said, "When two parties dispute about a business
transaction, the seller's word is taken, or they make an agreement
among themselves.
Malik spoke about someone who sold goods to
a man, and said at the contracting of the sale, 'I will sell to you
provided I consult so-and-so. If he is satisfied, the sale is
permitted. If he dislikes it, there is no sale between us.' They made
the transaction on that basis. Then the buyer regretted before the
seller consulted the person.
Malik said, "That sale is
binding on them according to what they described. The buyer has no
right of withdrawal, and it is binding on him, if the person whom the
seller stipulated to him, permits it."
Malik said, "The way
of doing things among us about a man who buys goods from another and
they differ about the price, and the seller says, 'I sold them to you
for ten dinars,' and the buyer says, 'I bought them from you for five
dinars,' is that it is said to the seller, 'If you like, give them to
the buyer for what he said. If you like, swear by Allah that you only
sold your goods for what you said.' If he swears it is said to the
buyer, 'Either you take the goods for what the seller said, or you
swear by Allah that you bought them only for what you said.' If he
swears, he is free to return the goods. That is when each of them
testifies against the other."
Yahya related to me from Malik from Abu'z-Zinad from Busr ibn
Said from Ubayd, Abu Salih, the mawla of as-Saffah that he said, "I
sold drapery to the people of Dar Nakhla on credit. Then I wanted to
go to Kufa, so they proposed that I reduce the price for them and they
would pay me immediately . I asked Zayd ibn Thabit about that, and he
said, 'I order you not to accept increase or to give to anybody.' "
Yahya related to me from Malik from Uthman ibn Hafs ibn Khalda
from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar was
asked about a man who took a loan from another man for a set term. The
creditor reduced the debt, and the man paid it immediately Abdullah
ibn Umar disliked that, and forbade it.
Malik related to me that Zayd ibn Aslam said, "Usury in the
Jahiliyya was that a man would give a loan to a man for a set term.
When the term was due, he would say, 'Will you pay it off or increase
me?' If the man paid, he took it. If not, he increased him in his debt
and lengthened the term for him ."
Malik said, "The
disapproved of way of doing things about which there is no dispute
among us, is that a man should give a loan to a man for a term, and
then the demander reduce it and the one from whom it is demanded pay
it in advance. To us that is like someone who delays repaying his debt
after it is due to his creditor and his creditor increases his debt."
Malik said, "This is nothing else but usury. No doubt about it."
Malik spoke about a man who loaned one hundred dinars to a man for
two terms. When it was due, the person who owed the debt said to him,
"Sell me some goods, whose price is one hundred dinars in cash for one
hundred and fifty on credit." Malik said, "This transaction is not
good, and the people of knowledge still forbid it."
Malik
said, "This is disapproved of because the creditor himself gives the
debtor the price of what the man sells him, and he defers repayment of
the hundred of the first transaction for the debtor for the term which
is mentioned to him in the second transaction, and the debtor
increases him with fifty dinars for his deferring him. That is
disapproved of and it is not good. It also resembles the hadith of
Zayd ibn Aslam about the transactions of the people of the Jahiliyya.
When their debts were due, they said to the person with the debt,
'Either you pay in full or you increase it.' If they paid, they took
it, and if not they increased debtors in their debts, and extended the
term for them."
USC-MSA web (English) reference : Book 31, Hadith 84
Hadith 513710
Chapter 31: Business Transactions - كتاب البيوع
حَدَّثَنَا يَحْيَى، عَنْ مَالِكٍ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَطْلُ الْغَنِيِّ ظُلْمٌ وَإِذَا أُتْبِعَ أَحَدُكُمْ عَلَى مَلِيءٍ فَلْيَتْبَعْ " .
Yahya related to me from Malik from Abu'z-Zinad from al Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said, "Delay in payment by a rich man is injustice, but
when one of you is referred for payment to a wealthy man, let him be
referred."
86 Malik related to me from Musa ibn Maysara that he heard a man
ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said
said, "Do not sell except for what you take to your camel."
Malik spoke about a person who bought goods from a man provided that
he provide him with those goods by a specific date, either in time for
a market in which he hoped for their saleability, or to fulfil a need
at the time he stipulated. Then the seller failed him about the date,
and the buyer wanted to return those goods to the seller. Malik said,
"The buyer cannot do that, and the sale is binding on him. If the
seller does bring the goods before the completion of the term, the
buyer cannot be forced to take them."
Malik spoke about a
person who bought food and measured it. Then some one came to him to
buy it and he told him that he had measured it for himself and taken
it in full. The new buyer wanted to trust him and accept his measure.
Malik said, "Whatever is sold in this way for cash has no harm in it
but whatever is sold in this way on delayed terms is disapproved of
until the new buyer measures it out for himself. The sale with delayed
terms is disapproved of because it leads to usury and it is feared
that it will be circulated in this way without weight or measure. If
the terms are delayed it is disapproved of and there is no
disagreement about that with us."
Malik said, "One should not
buy a debt owed by a man whether present or absent, without the
confirmation of the one who owes the debt, nor should one buy a debt
owed to a man by a dead person even if one knows what the deceased man
has left. That is because to buy that is an uncertain transaction and
one does not know whether the transaction will be completed or not
completed."
He said, "The explanation of what is disapproved
of in buying a debt owed by someone absent or dead, is that it is not
known what unknown debtor may be connected to the dead person. If the
dead person is liable for another debt, the price which the buyer gave
on strength of the debt may become worthless."
Malik said,
"There is another fault in that as well. He is buying something which
is not guaranteed for him, and so if the deal is not completed, what
he paid becomes worthless. This is an uncertain transaction and it is
not good."
Malik said, "One distinguishes between a man who
is only selling what he actually has and a man who is being paid in
advance for something which is not yet in his possession. The man
advancing the money brings his gold which he intends to buy with. The
seller says, 'This is 10 dinars. What do you want me to buy for you
with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid
later. Because of this, it is disapproved of. It is something leading
to usury and fraud."
Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah,
may Allah bless him and grant him peace, said, "Whenever a man sells
wares and then the buyer becomes bankrupt and the seller has not taken
any of the price and he finds some of his property intact with the
buyer, he is more entitled to it than anyone else. If the buyer dies,
then the seller is the same as other creditors with respect to it."
Malik related to me from Yahya ibn Said from Abu Bakr ibn
Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him peace, said, "If
anyone goes bankrupt, and a man finds his own property intact with
him, he is more entitled to it than anyone else."
Malik spoke
about a man who sold a man wares, and the buyer went bankrupt. He
said, "The seller takes whatever of his goods he finds. If the buyer
has sold some of them and distributed them, the seller of the wares is
more entitled to them than the creditors. What the buyer has
distributed does not prevent the seller from taking whatever of it he
finds. It is the seller's right if he has received any of the price
from the buyer and he wants to return it to take what he finds of his
wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land,
and then did some work on it, like building a house on the plot of
land or weaving the spun wool into cloth. Then he went bankrupt after
he had bought it, and the original owner of the plot said, "I will
take the plot and whatever structure is on it." Malik said, "That
structure is not his. However, the plot and what is in it that the
buyer has improved is appraised. Then one sees what the price of the
plot is and how much of that value is the price of the structure. They
are partners in that. The owner of the plot has as much as his
portion, and the creditors have the amount of the portion of the
structure."
Malik said, "The explanation of that is that the
value of it all is fifteen hundred dirhams. The value of the plot is
five hundred dirhams, and the value of the building is one thousand
dirhams. The owner of the plot has a third, and the creditors have
two-thirds."
Malik said, "It is like that with spinning and
other things of the same nature in these circumstances and the buyer
has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the
buyer does not improve, but those goods sell well and have gone up in
price, so their owner wants them and the creditors also want to seize
them, then the creditors choose between giving the owner of the goods
the price for which he sold them and not giving him any loss and
surrendering his goods to him.
"If the price of the goods has
gone down, the one who sold them has a choice. If he likes, he can
take his goods and he has no claim to any of his debtor's property,
and that is his right. If he likes, he can be one of the creditors and
take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal
and she gave birth in his possession and the buyer went bankrupt, "The
slave-girl or the animal and the offspring belong to the seller unless
the creditors desire it. In that case they give him his complete due
and they take it."
USC-MSA web (English) reference : Book 31, Hadith 89
Hadith 513750
Chapter 31: Business Transactions - كتاب البيوع
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ زَيْدِ بْنِ أَسْلَمَ، عَنْ عَطَاءِ بْنِ يَسَارٍ، عَنْ أَبِي رَافِعٍ، مَوْلَى رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ قَالَ اسْتَسْلَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم بَكْرًا فَجَاءَتْهُ إِبِلٌ مِنَ الصَّدَقَةِ قَالَ أَبُو رَافِعٍ فَأَمَرَنِي رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ أَقْضِيَ الرَّجُلَ بَكْرَهُ فَقُلْتُ لَمْ أَجِدْ فِي الإِبِلِ إِلاَّ جَمَلاً خِيَارًا رَبَاعِيًا . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" أَعْطِهِ إِيَّاهُ فَإِنَّ خِيَارَ النَّاسِ أَحْسَنُهُمْ قَضَاءً " .
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn
Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah
bless him and grant him peace, said, "The Messenger of Allah, may
Allah bless him and grant him peace, borrowed a young camel and then
the camels of sadaqa came to him." Abu Rafi said, "He ordered me to
repay the man his young camel. I said, 'I can only find a good camel
in its seventh year in the camels.' The Messenger of Allah, may Allah
bless him and grant him peace, said, 'Give it to him. The best of
people are those who discharge their debts in the best manner.' "
Malik related to me from Humayd ibn Qays al-Makki that Mujahid
said, "Abdullah ibn Umar borrowed some dirhams from a man, then he
discharged his debt with dirhams better than them. The man said, 'Abu
Abdar-Rahman. These are better than the dirhams which I lent you.'
Abdullah ibn Umar said, 'I know that. But I am happy with myself about
that.' "
Malik said, "There is no harm in a person who has
borrowed gold, silver, food, or animals, taking to the person who lent
it, something better than what he lent, when that is not a stipulation
between them nor a custom. If that is by a stipulation or promise or
custom, then it is disapproved, and there is no good in it."
He said, "That is because the Messenger of Allah, may Allah bless him
and grant him peace, discharged his debt with a good camel in its
seventh year in place of a young camel which he borrowed, and Abdullah
ibn Umar borrowed some dirhams, and repaid them with better ones. If
that is from the goodness of the borrower, and it is not by a
stipulation, promise, or custom, it is halal and there is no harm in
it."
Yahya related to me from Malik that he had heard that Umar ibn
al-Khattab said that he disapproved of one man lending another food on
the provision that he gave it back to him in another city. He said,
"Where is the transport?"
USC-MSA web (English) reference : Book 31, Hadith 92
Hadith 513780
Chapter 31: Business Transactions - كتاب البيوع
And Malik related to me that he had heard that a man came to
Abdullah ibn Umar and said, "Abu Abd ar-Rahman, I gave a man a loan
and stipulated that he give me better than what I lent him." Abdullah
ibn Umar said, "That is usury." Abdullah said, "Loans are of three
types:
A free loan which you lend by which you desire the pleasure of
Allah, and so you have the pleasure of Allah. A free loan which you
lend by which you desire the pleasure of your companion, so you have
the pleasure of your companion, and a free loan which you lend by
which you take what is impure by what is pure, and that is usury." He
said, "What do you order me to do, Abu Abd ar-Rahman?" He said, "I
think that you should tear up the agreement. If he gives you the like
of what you lent him, accept it. If he gives you less than what you
lent him, take it and you will be rewarded. If he gives you better
than what you lent him, of his own good will, that is his gratitude to
you and you have the wage of the period you gave him the loan."