What is Disapproved of in Selling Food with Delayed Payment or Delivery

47 Yahya related to me from Malik that Abu'z-Zinad heard Sa'id ibn al-Musayyab and Sulayman ibn Yasar forbid a man to sell wheat for gold on delayed terms and then to buy dried dates with the gold before he had taken delivery of the gold.

48 Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related the like of that to me from Malik from Ibn Shihab.

Malik said, " Sa'id ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm, and Ibn Shihab forbade a man to sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm in someone buying dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, " I asked more than one of the people of knowledge about that and they did not see any harm in it."

Pre-payment on Food

49 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops or dates which had not begun to ripen.

Malik said, " The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was selling food with delayed terms before taking delivery of the food.

Malik said, " The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes goods for money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as increase, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, " If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, " It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man makes an a a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones when it happens after the agreed delivery date, and when he takes like measure of what he paid for in advance."

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