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.
Muwatta Malik Book 31, Hadith 70
"Shu'bah narrated to us, he said: Salamah and Zubaid informed me, from Dharr, from Ibn 'Abdur-Rahman bn Abza from Abdur-Rahman, that the Messenger of Allah (ﷺ) used to recite in Witr: "Glorify the Name of your Lord, the Most High;" and "Say: O you disbelievers!;' and 'Say: He is Allah, (the) One.' And when he said the taslim, he would say: Subhanal-Malikil-Quddus (Glory be to the Sovereign, the Most Holy) three times, raising his voice with Subhanal-Malikil-Quddus the third time."
Sunan an-Nasa'i Book 20, Hadith 136
Malik said, "What is done among us when a slave divorces a slave-
girl when she is a slave and then she is set free, is that her idda is
the idda of a slave-girl, and her being set free does not change her
idda whether or not he can still return to her. Her idda is not
altered."
Malik added, "The hadd-punishment which a slave
incurs is the same as this. When he is freed after he has incurred but
before the punishment has been executed, his hadd is the hadd of the
slave."
Malik said, "When a free man divorces a slave-girl
three times, her idda is two periods. When a slave divorces a free
woman twice, her idda is three periods."
Malik said about a
man who had a slave-girl as a wife, and he bought her and set her
free, ''Her idda is the idda of a slave-girl, i.e. two periods, as
long as he has not had intercourse with her. If he has had intercourse
with her after buying her and before he set her free, she only has to
wait until one period has passed . "
Muwatta Malik Book 29, Hadith 75