Business Transactions in General

98 Yahya related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn 'Umar that a man mentioned to the Messenger of Allah, may Allah bless him and grant him peace, that he was always being cheated in business transactions. The Messenger of Allah, may Allah bless him and grant him peace, said, " When you enter a transaction say, 'No trickery.' So whenever that man entered a transaction, he would say, 'No trickery.' "

[cf Bukhari 2011]

99 Malik related to me that Yahya ibn Sa'id heard Sa'id ibn al-Musayyab say, " When you come to a land where they give full measure and full weight, stay there. When you come to a land where they shorten the measure and weight, then do not stay there very long."

100 Malik related to me from Yahya ibn Sa'id that he heard Muhammad ibn al-Munkadir say, " Allah loves his slave who is generous when he sells, generous when he buys, generous when he repays and generous when he asks for settlement."

[cf Bukhari 1970]

Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, " There is no buying without measuring precisely in anything which can be counted."

Malik spoke about a man who gave a man goods to sell for him and set their price saying, " If you sell them for this price as I have ordered you to do, you will have a dinar (or something which he has specified which they are both satisfied with), if you do not sell them, you will have nothing." He said, " There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods, he takes the fee, and if he does not sell them, he has nothing."

Malik said, " This is like saying to another man, 'If you capture my runaway slave or bring my stray camel, you will have such-and-such.' This falls into the category of reward, and not the category of giving a wage. If it had been in the category of giving a wage, it would not be good."

Malik said, " As for a man who is given goods and told that, if he sells them, he will have a named percentage for every dinar, that is not good because whenever there is a dinar less than the price of the goods, he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given."

101 Malik related to me that he asked Ibn Shihab about a man who hired an animal and then re-hired it out for more than what he hired it for. He said, " There is no harm in that."

Qirad

Qirad

1 Malik related to me from Zayd ibn Aslam that his father said, " 'Abdullah and 'Ubaydullah, the sons of 'Umar ibn al-Khattab, left with the army for Iraq. On the way home, they passed by Abu Musa al-Ash'ari, the Amir of Basra. He greeted them and made them welcome and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the Amir al-Muminin, so I will lend it to you and you can buy wares from Iraq and sell them in Madina. Then give the principal to the Amir al-Muminin, and you keep the profit.' They said that they would like to do that, and so he gave them the money and wrote to 'Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit. When they paid the principal to 'Umar he asked, 'Did he lend everyone in the army the like of what he lent you? ' They said, 'No.' 'Umar ibn al-Khattab said, 'He made you the loan because you are the sons of the Amir al-Muminin, so pay the principal and the profit.' 'Abdullah was silent. 'Ubaydullah said, 'You do not need to do this, Amir al-Muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' 'Umar said, 'Pay it.' 'Abdullah was silent and 'Ubaydullah repeated what he had said. A man who was sitting with 'Umar said, 'Amir al-Muminin, better that you make it a qirad loan.' 'Umar said, 'I have made it a qirad.' 'Umar then took the principal and half of the profit, and 'Abdullah and 'Ubaydullah, the sons of 'Umar ibn al-Khattab, took half of the profit."

2 Malik related to me from al-'Ala' ibn 'Abd ar-Rahman from his father from his father that 'Uthman ibn 'Affan gave him some money as qirad to use provided the profit was shared between them.

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