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Hadith 35162
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.
Muwatta Malik Book 31, Hadith 76
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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." Muwatta Malik Book 31, Hadith 75
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Yahya related to me, that Malik said, "The generally agreed on
way of doing things among us about a man buying cloth in one city, and
then taking it to another city to sell as a murabaha, is that he is
not reckoned to have the wage of an agent, or any allowance for
ironing, folding, straightening, expenses, or the rent of a house. As
for the cost of transporting the drapery, it is included in the basic
price, and no share of the profit is allocated to it unless the agent
tells all of that to the investor. If they agree to share the profits
accordingly after knowledge of it, there is no harm in that."
Malik said, "As for bleaching, tailoring, dyeing, and such things,
they are treated in the same way as drapery. The profit is reckoned in
them as it is reckoned in drapery goods. So if he sells the drapery
goods without clarifying the things we named as not getting profit,
and if the drapery has already gone, the transport is to be reckoned,
but no profit is given. If the drapery goods have not gone the
transaction between them is null and void unless they make a new
mutual agreement on what is to be permitted between them ."
Malik spoke about an agent who bought goods for gold or silver, and
the exchange rate on the day of purchase was ten dirhams to the dinar.
He took them to a city to sell murabaha, or sold them where he
purchased them according to the exchange rate of the day on which he
sold them. If he bought them for dirhams and he sold them for dinars,
or he bought them for dinars and he sold them for dirhams, and the
goods had not gone then he had a choice. If he wished, he accepted to
sell the goods and if he wished, he left them. If the goods had been
sold, he had the price for which the salesman bought them, and the
salesman was reckoned to have the profit on what they were bought for,
over what the investor gained as profit.
Malik said, "If a
man sells goods worth one hundred dinars for one hundred and ten, and
he hears after that they are worth ninety dinars, and the goods have
gone, the seller has a choice. If he likes, he has the price of the
goods on the day they were taken from him unless the price is more
than the price for which he was obliged to sell them in the first
place, and he does not have more than that - and it is one hundred and
ten dinars. If he likes, it is counted as profit against ninety unless
the price his goods reached was less than the value. He is given the
choice between what his goods fetch and the capital plus the profit,
which is ninety-nine dinars."
Malik said, "If someone sells
goods in murabaha and he says, 'It was valued at one hundred dinars to
me.' Then he hears later on, that it was worth one hundred and twenty
dinars, the customer is given the choice. If he wishes, he gives the
salesman the value of the goods on the day he took them, and if he
wishes, he gives the price for which he bought them according to the
reckoning of what profit he gives him, as far as it goes, unless that
is less than the price for which he bought them, for he should not
give the owner of the goods a loss from the price for which he bought
them because he was satisfied with that. The owner of the goods came
to seek extra, so the buyer has no argument against the salesman in
that to make a reduction from the first price for which he bought it
according to the list of contents." Muwatta Malik Book 31, Hadith 77