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Hadith 35192
Yahya said that Malik spoke about an investor who made a qirad
loan and stipulated to the agent that only certain goods should be
bought with his money or he forbade certain goods which he named to be
bought. He said, "There is no harm in an investor making a condition
on an agent in qirad not to buy a certain kind of animal or goods
which he specifies. It is disapproved of for an investor to make as a
condition on an agent in qirad that he only buy certain goods unless
the goods which he orders him to buy are in plentiful supply and do
not fail either in winter or summer. There is no harm in that case."
Malik spoke about an investor who loaned qirad money and
stipulated that something of the profit should be his alone without
the agent sharing in it. He said, "That is not good, even if it is
only one dirham unless he stipulates that half the profit is his and
half the profit is the agent's or a third or a fourth or whatever.
When he names a percentage, whether great or small, everything
specified by that is halal. This is the qirad of the muslims."
He said, "It is also not good if the investor stipulates that one
dirham or more of the profit is purely his, with out the agent sharing
it and then what remains of the profit is to be divided in half
between them. That is not the qirad of the Muslims."
Muwatta Malik Book 32, Hadith 5
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Malik said, "When a man owes money to another man and he asks him
to let it stay with him as a quirad, that is disapproved of until the
creditor receives his property. Then he can make it a qirad loan or
keep it. That is because the debtor may be in a tight situation, and
want to delay it to increase it for him."
Malik spoke about
an investor who made a qirad loan to a man, and some of the principal
was lost before he used it, and then he used it and made a profit. The
agent wanted to make the principal the remainder of the money after
what was lost from it. Malik said, "His statement is not accepted, and
the principal is made up to its original amount from his profit. Then
they divide what remains after the principal has been repaid according
to the conditions of the qirad."
Malik said, "Qirad loan is
only good in gold or silver coin and it is never permitted in any kind
of wares or goods or articles."
Malik said, "There are
certain transactions which if a long span of time passes after the
transaction takes place, its revocation becomes unacceptable. As for
usury, there is never anything except its rejection whether it is a
little or a lot. What is permitted in other than it is not permitted
in it because Allah, the Blessed and the Exalted, said in His Book,
'If you repent, you have your capital back, not wronging and not
wronged. ' "
32.4 Conditions Permitted in Qirad Muwatta Malik Book 32, Hadith 4
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Yahya said that Malik said, "The person who puts up the principal
must not stipulate that he has something of the profit alone without
the agent sharing in it, nor must the agent stipulate that he has
something of the profit alone without the investor sharing. In qirad,
there is no sale, no rent, no work, no advance, and no convenience
which one party specifies to himself without the other party sharing
unless one party allows it to the other unconditionally as a favour
and that is alright to both. Neither of the parties should make a
condition over the other which increases him in gold or silver or food
over the other party."
He said, "If any of that enters the
qirad, it becomes hire, and hire is only good with known and fixed
terms. The agent should not stipulate when he takes the principal that
he repay or commission anyone with the goods, nor that he take any of
them for himself. When there is a profit, and it is time to separate
the capital, then they divide the profit according to the terms of the
contract. If the principal does not increase or there is a loss, the
agent does not have to make up for what he spent on himself or for the
loss. That falls to the investor from the principal. Qirad is
permitted upon whatever terms the investor and the agent make a mutual
agreement, of half the profit, or a third or a fourth or whatever."
Malik said, "It is not permitted for the agent to stipulate
that he use the qirad money for a certain number of years and that it
not be taken from him during that time."
He said, "It is not
good for the investor to stipulate that the qirad money should not be
returned for a certain number of years which are specified, because
the qirad is not for a term. The investor loans it to an agent to use
for him. If it seems proper to either of them to abandon the project
and the money is coin, and nothing has been bought with it, it can be
abandoned, and the investor takes his money back. If it seems proper
to the investor to take the qirad loan back after goods have been
purchased with it, he cannot do so until the buyer has sold the goods
and they have become money. If it seems proper to the agent to return
the loan, and it has been turned to goods he cannot do so until he has
sold them. He returns the loan in cash as he took it."
Malik
said, "It is not good for the investor to stipulate that the agent pay
any zakat due from his portion of the profit in particular, because
the investor by stipulating that, stipulates fixed increase for
himself from the profit because the portion of zakat he would be
liable for by his portion of the profit, is removed from him.
"It is not permitted for the investor to stipulate to the agent to
only buy from so-and-so, referring to a specific man. That is not
permitted because by doing so he would become his hireling for a
wage."
Malik spoke about an investor in qirad who stipulated
a guarantee for an amount of money from the agent, "The investor is
not permitted to stipulate conditions about his principal other than
the conditions on which qirad is based or according to the precedent
of the sunna of the Muslims. If the principal is increased by the
condition of guarantee, the investor has increased his share of the
profit because of the position of the guarantee. But the profit is
only to be divided according to what it would have been had the loan
been given without the guarantee. If the principal is destroyed, I do
not think that the agent has a guarantee held against him because the
stipulation of guarantees in qirad is null and void."
Malik
spoke about an investor who gave qirad money to a man and the man
stipulated that he would only buy palms or animals with it because he
sought to eat the dates or the offspring of the animals and he kept
them for some time to use for himself. He said, "That is not
permitted. It is not the sunna of the Muslims in qirad unless he buys
it and then sells it as other goods are sold."
Malik said,
"There is no harm in the agent stipulating on the investor a slave to
help him provided that the slave stands to gain along with him out of
the investment, and when the slave only helps him with the investment,
not with anything else." Muwatta Malik Book 32, Hadith 6