Hadith 32297

Yahya related to me that Malik asked Ibn Shihab about sellinganimals, two for one with delayed terms. He said, "There is no harm init."Malik said, "The generally agreed on way of doing thingsamong us is that there is no harm in bartering a camel for a camellike it and adding some dirhams to the exchange, from hand to hand.There is no harm in bartering a camel for a camel like it with somedirhams on top of the exchange, the camels to be exchanged from handto hand, and the dirhams to be paid within a period." He said, "Thereis no good however in bartering a camel for a camel like it with somedirhams on top of it, with the dirhams paid in cash and the camel tobe delivered later. If both the camel and the dirhams are deferredthere is no good in that either."Malik said, "There is noharm in buying a riding camel with two or more pack-camels, if theyare from inferior stock. There is no harm in bartering two of them forone with delayed terms, if they are different and their difference isclear. If they resemble each other whether their species are differentor not, two are not to be taken for one with delayed terms."Malik said, "The explanation of what is disapproved of in that, isthat a camel should not be bought with two camels when there is nodistinction between them in speed or hardiness. If this is accordingto what I have described to you, then one does not buy two of them forone with delayed terms. There is no harm in selling those of them youbuy before you complete the deal to somebody other than the one fromwhom you bought them if you get the price in cash."Maliksaid, "It is permitted for someone to advance something on animals fora fixed term and describe the amount and pay its price in cash.Whatever the buyer and seller have described is obliged for them. Thatis still permitted behaviour between people and what the people ofknowledge in our land do."