Selling Gold for Silver, Minted and Unminted

28 Yahya related to me from Malik that Yahya ibn Sa'id said, " The Messenger of Allah, may Allah bless him and grant him peace, ordered the two Sa'ds to sell a vessel made of either gold or silver from the booty. They either sold each three units of weight for four units weight of coins or each four units of weight of coins. The Messenger of Allah, may Allah bless him and grant him peace, said to them, 'You have taken usury, ' so they returned it.' "

[mursal]

29 Yahya related to me from Malik from Musa ibn Abi Tamim from Abu'l-Hubab Sa'id ibn Yasar from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, " A dinar for a dinar, a dirham for a dirham, no excess between the two."

[Muslim and ash-Shafi'i in the Risala]

30 Yahya related to me from Malik from Nafi' from Abu Sa'id al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, " Do not sell gold for gold except like for like and do not increase one part over another part. Do not sell silver for silver, except like for like and do not increase one part over another part. Do not sell some of it which is not there for some of it which is."

[cf Bukhari 2068]

31 Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, " I was with 'Abdullah ibn 'Umar when an artisan came to him and said, 'Abu 'Abd ar-Rahman, I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' 'Abdullah forbade him to do that, so the artisan repeated the question to him, and 'Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then 'Abdullah ibn 'Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of our Prophet to us and our advice to you.' "

[ash-Shafi'i in the Risala]

32 Yahya related to me from Malik that he had heard from his grandfather, Malik ibn Abi 'Amir that 'Uthman ibn 'Affan said, " The Messenger of Allah, may Allah bless him and grant him peace, said to me, 'Do not sell a dinar for two dinars nor a dirham for both dirhams.' "

[Muslim]

33 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that Mu'awiya ibn Abi Sufyan sold a gold or silver drinking-vessel for more than its weight. Abu'd-Darda' said, " I heard the Messenger of Allah, may Allah bless him and grant him peace, forbidding such sales except like for like." Mu'awiya said to him, " I don't see any harm in it." Abu'd-Darda' said to him, " Who will excuse me from Mu'awiya? I tell him something from the Messenger of Allah, may Allah bless him and grant him peace, and he gives me his own opinion! I will not live in the same land as you! " Then Abu'd-Darda' went to 'Umar ibn al-Khattab and mentioned that to him. 'Umar ibn al-Khattab therefore wrote to Mu'awiya, " Do not sell it except like for like, weight for weight."

[ash-Shafi'i in the Risala]

34 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab said, " Do not sell gold for gold except like for like, and do not increase one part over another part. Do not sell silver for silver except like for like, and do not increase one part over another part. Do not sell silver for gold, one of them at hand and the other to be given later. If someone asks you to wait for paymen until he has been to his house, do not leave him. I fear rama' for you." Rama' is usury.

35 Yahya related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab said, " Do not sell gold for gold except like for like. Do not increase part of it over another part. Do not sell silver for silver except for like, and do not increase part of it over another part. Do not sell some of it which is there for some of it which is not. If someone asks you to wait for payment until he has been to his house, do not leave him. I fear rama' for you." Rama' is usury.

36 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad said, " 'Umar ibn al-Khattab said, 'A dinar for a dinar, and a dirham for a dirham, and a sa' for a sa'. Something to be collected later is not to be sold for something at hand.' "

37 Yahya related to me from Malik that Abu'z-Zinad heard Sa'id ibn al-Musayyab say, " There is usury only in gold or silver or what is weighed or measured of what is eaten or drunk."

37 Yahya related to me from Malik that Yahya ibn Sa'id heard Sa'id ibn al-Musayyab say, " Clipping gold and silver is part of working corruption in the land."

Malik said, " There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured."

Malik spoke about buying a Qur'an, a sword or a signet ring, which had some gold or silver work on it, with dinars and dirhams. He said, " The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something which has silver in it is bought with silver, the value is looked at. If the value of the silver is one-third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way that people act among us."

Money-Changing

38 Yahya related to me from Malik from Ibn Shihab from Malik ibn Aws ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, " Talha ibn 'Ubaydullah called me over and we made a mutual agreement that he would make the exchange with me. He took the gold and turned it about in his hand and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' 'Umar ibn al-Khattab was listening and 'Umar said, 'By Allah! Do not leave him until you have taken it from him! ' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, " Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." ' "

[cf Bukhari 2065]

Malik said, " When a man exchanges dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand, ' and 'Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. 'Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

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