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Hadith 35268
Yahya said that he heard Malik say, "What is done in our
community about a man who refers a creditor to another man for the
debt he owes him is that if the one referred to goes bankrupt or dies,
and does not leave enough to pay the debt, then the creditor has
nothing against the one who referred him and the debt does not return
to the first party."
Malik said, "This is the way of doing
things about which there is no dispute in our community."
Malik said, "If a man has his debt to somebody taken on for him by
another man and then the man who took it on dies or goes bankrupt,
then whatever was taken on by him returns to the first debtor."
Muwatta Malik Book 36, Hadith 52
← Previous Hadith
Yahya related that he heard Malik say that if a man gave a washer
a garment to dye and he dyed it, and then the owner of the garment
said, "I did not order you to use this dye," and the washer protested
that he had done so, then the washer was to be believed. It was the
same with the tailor and the gold-smith. They took an oath about it
unless they produced something they would not normally have been
employed to do. In that situation their statement was not allowed and
the owner of the garment had to take an oath . If he rejected it and
refused to swear, then the dyer was made to take an oath.
Yahya said, "I heard Malik speak about a dyer who was given a garment
and he made a mistake and gave it to another man and the one to whom
he gave it wore it. He said, 'The one who wore it has no damages
against him, and the washer pays damages to the owner of the garment.
That is when the man wears the garment which was given him without
recognizing that it is not his. If he wears it knowing that it is not
his garment, he is responsible for it.' " Muwatta Malik Book 36, Hadith 51
Next Hadith →
Yahya said that he heard Malik say, "If a man buys a garment
which has a defect, a burn or something else, which the seller knows
about and that is testified against him or he confirms it, and the man
who has bought it causes a new tear which decreases the price of the
garment, and then he learns about the original defect, he can return
it to the seller and he is not liable for his tearing it.
"If
a man buys a garment which has a defect of a burn or flaw, and the one
who sold it to him claims that he did not know about it, and the buyer
has cut the garment or dyed it, then the buyer has an option . If he
wishes, he can have a reduction according to what the burn or flaw
detracts from the price of the garment and he can keep the garment, or
if he wishes to pay damages for what the cutting or dyeing has
decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases
the value, the buyer has an option. If he wishes, he has a reduction
from the price of the garment according to what the defect diminishes
or if he wishes to become a partner with the one who sold the garment
he does so. The price of the garment with a burn or flaw is looked at.
If the price is ten dirhams, and the amount by which the dyeing
increased the value is five dirhams, then they are partners in the
garment, each according to his share. In this reckoning is the amount
by which the dyeing increases the price of the garment." Muwatta Malik Book 36, Hadith 53