Advance and Sale of Some Goods for Others

69 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending'.

[[In Abu Dawud, an-Nasa'i and at-Tirmidhi]

Malik said, " The explanation of what that means is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such, ' If they agree to a transaction in this manner, it is not permitted. If the one who proposes the loan abandons his proposition, then the sale is permitted."

Malik said, " There is no harm in exchanging linen from Shata for garments from Itribi or Qass or Ziq, or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, " It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance, two garments of Herat for one from Merv or a Quhy with delayed terms, or two garments of Furqub for one from Shata. All these sorts conform to the same description, so do not buy two for one, on delayed terms."

Malik said, " There is no harm in selling what you buy of such things, before you complete the deal, to someone other than the person from whom you purchased them if the price was paid in cash."

The Advance on Goods

70 Yahya related to me from Malik from Yahya ibn Sa'id that al-Qasim ibn Muhammad said, " I heard 'Abdullah ibn 'Abbas say to a man who asked him about someone making an advance on some garments and then wanting to sell them back before taking possession of them, 'That is silver for silver, ' and he disapproved of it."

Malik said, " Our opinion is - and Allah knows best - that was because he wanted to sell them to the person from whom he had bought them for more than the price for which he bought them. Had he sold them to someone other than the person from whom he had purchased them, there would not have been any harm in it."

Malik said, " The generally agreed-on way of doing things among us concerning making an advance for slaves, cattle or goods is that when all of what is to be sold is described and an advance is made for them for a date, and the date falls due, the buyer does not sell any of that to the person from whom he purchased it for more than the price which he advanced for it before he has taken full possession of what he has advanced for it. It is usury if he does. If the buyer gives the seller dinars or dirhams and he profits with them, then, when the goods come to the buyer and he does not take them into his possession but sells them back to their owner for more than what he advanced for them, the outcome is that what he has advanced has returned to him and has been increased for him."

Malik said, " If someone advances gold or silver for described animals or goods which are to be delivered before a named date, and the date arrives, or it is before or after the date, there is no harm in the buyer selling those goods to the seller for other goods to be taken immediately and not delayed, no matter how extensive the amount of those goods is, except in the case of food because it is not halal to sell food before he has full possession of it. The buyer can sell those goods to someone other than the person from whom he purchased them for gold or silver or any goods. He takes possession of it and does not defer it because if he defers it, that is ugly and there enters into the transaction what is disapproved of - delay for delay. Delay for delay is to a sell debt against one man for a debt against another man."

Malik said, " If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods before he takes delivery of them to someone other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, " If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and, when the term fell due, he demanded delivery from the seller but the seller did not have them. The found that the seller had cloth of inferior quality, and the seller said that he would give him eight of those cloths. Malik said, " There is no harm in that if he takes the cloths which are offered him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term unless he sells him cloth which is not the type of cloth for which he made an advance.

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