Hadith 32073

Yahya related to me from Malik from Yahya ibn Said that al-Qasimibn Muhammad said, ''I heard Abdullah ibn Abbas say, when a man askedhim about a man making an advance on some garments and then wanting tosell them back before taking possession of them, 'That is silver forsilver,' and he disapproved of it."Malik said, "Our opinionis - and Allah knows best that was because he wanted to sell them tothe person from whom he had bought them for more than the price forwhich he bought them. Had he sold them to some one other than theperson from whom he had purchased them, there would not have been anyharm in it."Malik said, "The generally agreed on way ofdoing things among us concerning making an advance for slaves, cattleor goods is that when all of what is to be sold is described and anadvance is made for them for a date, and the date falls due, the buyerdoes not sell any of that to the person from whom he has purchased itfor more than the price which he advanced for it before he has takenfull possession of what he has advanced for. It is usury if he does.If the buyer gives the seller dinars or dirhams and he profits withthem, then, when the goods come to the buyer and he does not take theminto his possession but sells them back to their owner for more thanwhat he advanced for them, the outcome is that what he has advancedhas returned to him and has been increased for him."Maliksaid, "If someone advances gold or silver for described animals orgoods which are to be delivered before a named date, and the datearrives, or it is before or after the date, there is no harm in thebuyer selling those goods to the seller, for other goods, to be takenimmediately and not delayed, no matter how extensive the amount ofthose goods is, except in the case of food because it is not halal tosell it before he has full possession of it. The buyer can sell thosegoods to some one other than the person from whom he purchased themfor gold or silver or any goods. He takes possession of it and doesnot defer it because if he defers it, that is ugly and there entersinto the transaction what is disapproved of:
delay for delay. Delayfor delay is to sell a debt against one man for a debt against anotherman."Malik said, "If someone advances for goods to bedelivered after a time, and those goods are neither something to beeaten nor drunk, he can sell them to whomever he likes for cash orgoods, before he takes delivery of them, to some one other than theperson from whom he purchased them. He must not sell them to theperson from whom he bought them except in exchange for goods which hetakes possession of immediately and does not defer."Maliksaid, "If the delivery date for the goods has not arrived, there is noharm in selling them to the original owner for goods which are clearlydifferent and which he takes immediate possession of and does notdefer."Malik spoke about the case of a man who advanceddinars or dirhams for four specified pieces of cloth to be deliveredbefore a specified time and when the term fell due, he demandeddelivery from the seller and the seller did not have them. He foundthat the seller had cloth but inferior quality, and the seller saidthat he would give him eight of those cloths. Malik said, "There is noharm in that if he takes the cloths which he offers him before theyseparate. 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 hesells him cloth which is notthetypeof cloth for which he made anadvance.