Malik said there was no harm if a man who sold some drapery and
excluded some garments by their markings, stipulated that he chose the
marked ones from that. If he did not stipulate that he would choose
from them when he made the exclusion, I think that he is partner in
the number of drapery goods which were purchased from him. That is
because two garments can be alike in marking and be greatly different
in price.
Malik said, "The way of doing things among us is
that there is no harm in partnership, transferring responsibility to
an agent, and revocation when dealing with food and other things,
whether or not possession was taken, when the transaction is with
cash, and there is no profit, loss, or deferment of price in it. If
profit or loss or deferment of price from one of the two enters any of
these transactions, it becomes sale which is made halal by what makes
sale halal, and made haram by what makes sale haram, and it is not
partnership, transferring responsibility to an agent, or revocation."
Malik spoke about some one who bought drapery goods or
slaves, and the sale was concluded, then a man asked him to be his
partner and he agreed and the new partner paid the whole price to the
seller and then something happened to the goods which removed them
from their possession. Malik said, "The new partner takes the price
from the original partner and the original partner demands from the
seller the whole price unless the original partner stipulated on the
new partner during the sale and before the transaction with the seller
was completed that the seller was responsible to him. If the
transaction has ended and the seller has gone, the pre-condition of
the original partner is void, and he has the responsibility."
Malik spoke about a man who asked another man to buy certain goods to
share between them, and he wanted the other man to pay for him and he
would sell the goods for the other man. Malik said, "That is not good.
When he says, 'Pay for me and I will sell it for you,' it becomes a
loan which he makes to him in order that he sell it for him and if
those goods are destroyed, or pass, the man who paid the price will
demand from his partner what he put in for him. This is part of the
advance which brings in profit."
Malik said, "If a man buys
goods, and they are settled for him, and then a man says to him,
'Share half of these goods with me, and I will sell them all for you,'
that is halal, there is no harm in it. The explanation of that is that
this is a new sale and he sells him half of the goods provided that he
sells the whole lot."
Muwatta Malik Book 31, Hadith 87
`Ali bin Abu Talib came out of the house of Allah's Messenger (ﷺ) during his fatal illness. The people asked,
"O Abu Hasan (i.e. `Ali)! How is the health of Allah's Messenger (ﷺ) this morning?" `Ali replied, "He has
recovered with the Grace of Allah." `Abbas bin `Abdul Muttalib held him by the hand and said to him,
"In three days you, by Allah, will be ruled (by somebody else ), And by Allah, I feel that Allah's
Apostle will die from this ailment of his, for I know how the faces of the offspring of `Abdul Muttalib
look at the time of their death. So let us go to Allah's Messenger (ﷺ) and ask him who will take over the
Caliphate. If it is given to us we will know as to it, and if it is given to somebody else, we will inform
him so that he may tell the new ruler to take care of us." `Ali said, "By Allah, if we asked Allah's
Apostle for it (i.e. the Caliphate) and he denied it us, the people will never give it to us after that. And
by Allah, I will not ask Allah's Messenger (ﷺ) for it."
Sahih al-Bukhari Book 64, Hadith 467