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Yahya said that Malik spoke about a man who loaned another man
money and then the debtor asked him to leave it with him as a qirad.
Malik said, "I do not like that unless he takes his money back from
him, and then pays it to him as a qirad if he wishes or if he wishes
keep it."
Muwatta Malik Book 32, Hadith 14
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Yahya said that Malik spoke about an investor who gave qirad
money to a man, and then the man sought a loan from the investor or
the investor borrowed money from the agent, or the investor left goods
with the agent to sell for him, or the investor gave the agent dinars
to buy goods with. Malik said, "There is no harm if the investor
leaves his goods with him knowing that if the agent did not have his
money and he had asked a similar thing of him, he would have still
done it because of the brotherhood between them or because it would
have been no bother to him and that had the agent refused that, he
would not have removed his capital from him. Or if the agent had
borrowed from the investor or carried his goods for him and he knew
that if the investor had not had his capital with him, he would have
still done the same for him, and had he refused that to him, he would
not have returned his capital to him. If that is true between both of
them and it is in the way of a favour between them and it is not a
condition in the terms of the qirad, it is permitted and there is no
harm in it. If a condition comes into it, or it is feared that the
agent is only doing it for the investor in order to safeguard the
capital in his possession, or the investor is only doing it because
the agent has taken his capital and will not return it to him, that is
not permitted in qirad and it is part of what the people of knowledge
forbid.' "
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Yahya said that Malik spoke about an investor paying qirad money
to an agent who made a profit and then wanted to take his share of the
profit and the investor was away. He said, "He should not take any of
it unless the investor is present. If he takes something from it, he
is responsible for it until it is accounted for in the division of the
capital."