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Hadith 35175
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn
Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah
bless him and grant him peace, said, "The Messenger of Allah, may
Allah bless him and grant him peace, borrowed a young camel and then
the camels of sadaqa came to him." Abu Rafi said, "He ordered me to
repay the man his young camel. I said, 'I can only find a good camel
in its seventh year in the camels.' The Messenger of Allah, may Allah
bless him and grant him peace, said, 'Give it to him. The best of
people are those who discharge their debts in the best manner.' "
Muwatta Malik Book 31, Hadith 90
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Malik related to me from Yahya ibn Said from Abu Bakr ibn
Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him peace, said, "If
anyone goes bankrupt, and a man finds his own property intact with
him, he is more entitled to it than anyone else."
Malik spoke
about a man who sold a man wares, and the buyer went bankrupt. He
said, "The seller takes whatever of his goods he finds. If the buyer
has sold some of them and distributed them, the seller of the wares is
more entitled to them than the creditors. What the buyer has
distributed does not prevent the seller from taking whatever of it he
finds. It is the seller's right if he has received any of the price
from the buyer and he wants to return it to take what he finds of his
wares, and in what he does not find, he is like the creditors."
Malik spoke about some one who bought spun wool or a plot of land,
and then did some work on it, like building a house on the plot of
land or weaving the spun wool into cloth. Then he went bankrupt after
he had bought it, and the original owner of the plot said, "I will
take the plot and whatever structure is on it." Malik said, "That
structure is not his. However, the plot and what is in it that the
buyer has improved is appraised. Then one sees what the price of the
plot is and how much of that value is the price of the structure. They
are partners in that. The owner of the plot has as much as his
portion, and the creditors have the amount of the portion of the
structure."
Malik said, "The explanation of that is that the
value of it all is fifteen hundred dirhams. The value of the plot is
five hundred dirhams, and the value of the building is one thousand
dirhams. The owner of the plot has a third, and the creditors have
two-thirds."
Malik said, "It is like that with spinning and
other things of the same nature in these circumstances and the buyer
has a debt which he cannot pay. This is the behaviour in such cases."
Malik said, "As for goods which have been sold and which the
buyer does not improve, but those goods sell well and have gone up in
price, so their owner wants them and the creditors also want to seize
them, then the creditors choose between giving the owner of the goods
the price for which he sold them and not giving him any loss and
surrendering his goods to him.
"If the price of the goods has
gone down, the one who sold them has a choice. If he likes, he can
take his goods and he has no claim to any of his debtor's property,
and that is his right. If he likes, he can be one of the creditors and
take a portion of his due and not take his goods. That is up to him."
Malik said about someone who bought a slave-girl or animal
and she gave birth in his possession and the buyer went bankrupt, "The
slave-girl or the animal and the offspring belong to the seller unless
the creditors desire it. In that case they give him his complete due
and they take it." Muwatta Malik Book 31, Hadith 89
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Malik related to me from Humayd ibn Qays al-Makki that Mujahid
said, "Abdullah ibn Umar borrowed some dirhams from a man, then he
discharged his debt with dirhams better than them. The man said, 'Abu
Abdar-Rahman. These are better than the dirhams which I lent you.'
Abdullah ibn Umar said, 'I know that. But I am happy with myself about
that.' "
Malik said, "There is no harm in a person who has
borrowed gold, silver, food, or animals, taking to the person who lent
it, something better than what he lent, when that is not a stipulation
between them nor a custom. If that is by a stipulation or promise or
custom, then it is disapproved, and there is no good in it."
He said, "That is because the Messenger of Allah, may Allah bless him
and grant him peace, discharged his debt with a good camel in its
seventh year in place of a young camel which he borrowed, and Abdullah
ibn Umar borrowed some dirhams, and repaid them with better ones. If
that is from the goodness of the borrower, and it is not by a
stipulation, promise, or custom, it is halal and there is no harm in
it." Muwatta Malik Book 31, Hadith 91