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Hadith 35148
Yahya related to me from Malih from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
forbade the transaction called habal alhabala. It was a transaction
which the people of Jahiliya practised. A man would buy the unborn
offspring of the unborn offspring of a she-camel.
Muwatta Malik Book 31, Hadith 62
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Yahya related to me that Malik asked Ibn Shihab about selling
animals, two for one with delayed terms. He said, "There is no harm in
it."
Malik said, "The generally agreed on way of doing things
among us is that there is no harm in bartering a camel for a camel
like it and adding some dirhams to the exchange, from hand to hand.
There is no harm in bartering a camel for a camel like it with some
dirhams on top of the exchange, the camels to be exchanged from hand
to hand, and the dirhams to be paid within a period." He said, "There
is no good however in bartering a camel for a camel like it with some
dirhams on top of it, with the dirhams paid in cash and the camel to
be delivered later. If both the camel and the dirhams are deferred
there is no good in that either."
Malik said, "There is no
harm in buying a riding camel with two or more pack-camels, if they
are from inferior stock. There is no harm in bartering two of them for
one with delayed terms, if they are different and their difference is
clear. If they resemble each other whether their species are different
or not, two are not to be taken for one with delayed terms."
Malik said, "The explanation of what is disapproved of in that, is
that a camel should not be bought with two camels when there is no
distinction between them in speed or hardiness. If this is according
to what I have described to you, then one does not buy two of them for
one with delayed terms. There is no harm in selling those of them you
buy before you complete the deal to somebody other than the one from
whom you bought them if you get the price in cash."
Malik
said, "It is permitted for someone to advance something on animals for
a fixed term and describe the amount and pay its price in cash.
Whatever the buyer and seller have described is obliged for them. That
is still permitted behaviour between people and what the people of
knowledge in our land do." Muwatta Malik Book 31, Hadith 61
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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." Muwatta Malik Book 31, Hadith 63