Hadith 37318

Yahya said that he heard Malik say, "What is done in ourcommunity about a man who rents an animal for a journey to a specifiedplace and then he goes beyond that place and further, is that theowner of the animal has a choice. If he wants to take extra rent forhis animal to cover the distance overstepped, he is given that on topof the first rent and the animal is returned. If the owner of theanimal likes to sell the animal from the place where he over-steps, hehas the price of the animal on top of the rent. If, however, the hirerrented the animal to go and return and then he overstepped when hereached the city to which he rented him, the owner of the animal onlyhas half the first rent. That is because half of the rent is going,and half of it is returning. If he oversteps with the animal, onlyhalf of the first rent is obliged for him. Had the animal died when hereached the city to which it was rented, the hirer would not be liableand the renter would only have half the rent."Malik said,"That is what is done with people who overstep and dispute about whatthey took the animal for."Malik said, "It is also like thatwith some one who takes qirad-money from his companion. The owner ofthe property says to him, 'Do not buy such-and-such animals or such-and-such goods.' He names them and forbids them and disapproves of hismoney being invested in them. The one who takes the money then buyswhat he was forbidden. By that, he intends to be liable for the moneyand take the profit of his companion. When he does that, the owner ofthe money has an option. If he wants to enter with him in the goodsaccording to the original stipulations between them about the profit,he does so. If he likes, he has his capital guaranteed against the onewho took the capital and over stepped the mark."Malik said,"It is also like that with a man with whom another man invests somegoods. The owner of the property orders him to buy certain goods forhim which he names. He differs, and buys with the goods somethingother than what he was ordered to buy. He exceeded his orders. Theowner of the goods has an option. If he wants to take what was boughtwith his property, he takes it. If he wants the partner to be liablefor his capital he has that."