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Yahya said that Malik spoke about an agent who had qirad money
with him and he spent from it and clothed himself. He said, "He cannot
give away any of it, and neither a beggar nor anyone else is to be
given any of it and he does not pay anyone compensation from it. If he
meets some people, and they bring out food and he brings out food, I
hope that that will be permitted to him if he does not intend to
bestow something on them. If he intends that or what is like that
without the permission of the investor, he must get the sanction of
the investor for it. If he sanctions it, there is no harm. If he
refuses to sanction it, he must repay it with like if he has something
which is suitable as compensation."
Muwatta Malik Book 32, Hadith 11
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Yahya said that Malik spoke about an investor who made a qirad
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Yahya said that Malik said, "The generally agreed on way of doing
things among us about an investor who pays qirad money to an agent to
buy goods, and the agent then sells the goods for a price to be paid
later, and has a profit in the transaction, then the agent dies before
he has received payment, is that if his heirs want to take that money,
they have their father's stipulated portion from the profit. That is
theirs if they are trustworthy to take the payment. If they dislike to
collect it from the debtor and they refer him to the investor, they
are not obliged to collect it and there is nothing against them and
nothing for them by their surrendering it to the investor. If they do
collect it, they have a share of it and expenses like their father
had. They are in the position of their father. If they are not
trustworthy to do so, they can bring someone reliable and trustworthy
to collect the money. If he collects all the capital and all the
profit, they are in the position of their father."