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Hadith 35170
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."
Muwatta Malik Book 31, Hadith 85
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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." Muwatta Malik Book 31, Hadith 84
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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." Muwatta Malik Book 31, Hadith 86