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Hadith 35181
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
said, "Do not let any of you bid against each other."
Muwatta Malik Book 31, Hadith 96
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Malik related to me that he had heard that Abdullah ibn Masud
used to say, "If someone makes a loan, they should not stipulate
better than it. Even if it is a handful of grass, it is usury."
Malik said, "The generally agreed on way of doing things among us
is that there is no harm in borrowing any animals with a set
description and itemisation, and one must return the like of them.
This is not done in the case of female slaves. It is feared about that
that it will lead to making halal what is not halal, so it is not
good. The explanation of what is disapproved of in that, is that a man
borrow a slave-girl and have intercourse with her as seems proper to
him. Then he returns her to her owner. That is not good and it is not
halal. The people of knowledge still forbid it and do not give an
indulgence to any one in it." Muwatta Malik Book 31, Hadith 95
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Malik related to me from Abu'z-Zinad from al-Araj from Abu
Hurayra that the Messenger of Allah, may Allah bless him and grant him
peace, said, "Do not go out to meet the caravans for trade, do not bid
against each other, outbidding in order to raise the price, and a
townsman must not buy on behalf of a man of the desert, and do not tie
up the udders of camels and sheep so that they appear to have a lot of
milk, for a person who buys them after that has two recourses open to
him after he milks them. If he is pleased with them, he keeps them and
if he is displeased with them, he can return them along with a sa of
dates."
Malik said, "The explanation of the words of the
Messenger of Allah, may Allah bless him and grant him peace, according
to what we think - and Allah knows best - 'do not bid against each
other,' is that it is forbidden for a man to offer a price over the
price of his brother when the seller has inclined to the bargainer and
made conditions about the weight of the gold and he has declared
himself not liable for faults and such things by which it is
recognised that the seller wants to make a transaction with the
bargainer. This is what he forbade, and Allah knows best."
Malik said, "There is no harm, however, in more than one person
bidding against each other over goods put up for sale."
He
said, "Were people to leave off haggling when the first person started
haggling, an unreal price might be taken and the disapproved would
enter into the sale of the goods. This is still the way of doing
things among us." Muwatta Malik Book 31, Hadith 97