Hadith 38271

Yahya said that Malik spoke about an investor who put qirad moneywith an agent who bought goods with it, and the investor told him tosell them. The agent said that he did not see any way to sell at thattime and they quarrelled about it. He said, "One does not look at thestatement of either of them. The people of experience and insightconcerning such goods are asked about these goods. If they can seeanyway of selling them they are sold for them. If they think it istime to wait, they should wait."Malik spoke about a man whotook qirad money from an investor and used it and when the investorasked him for his money, he said that he had it in full. When he heldhim to his settlement he admitted that "Such-and-such of it was lostwith me," and he named an amount of money. "I told you that so thatyou would leave it with me." Malik said, "He does not benefit bydenying it after he had confirmed that he had it all . He isanswerable by his confession against himself unless he producesevidence about the loss of that property which confirms his statement.If he does not produce an acceptable reason he is answerable by hisconfession, and his denial does not avail him."Malik said,"Similarly, had he said, 'I have had such-and-such a profit from thecapital,' and then the owner of the capital asked him to pay him theprincipal and his profit, and he said that he had not had any profitin it and had said that only so it might be left in his possession, itdoes not benefit him. He is taken to account for what he affirmedunless he brings acceptable proof of his word, so that the firststatement is not binding on him."Malik spoke about aninvestor who put qirad money with an agent who made a profit with it.The agent said, "I took the qirad from you provided that I would havetwo-thirds." The owner of the capital says, "I gave you a qiradprovided that you had a third." Malik said, "The word is the word ofthe agent, and he must take an oath on that if what he says resemblesthe known practice of qirad or is close to it. If he brings a matterwhich is unacceptable and people do not make qirads like that, he isnot believed, and it is judged to be according to how a qirad like itwould normally be."Malik spoke about a man who gave a manone hundred dinars as a qirad. He bought goods with it and then wentto pay the one hundred dinars to the owner of the goods and found thatthey had been stolen. The investor says, "Sell the goods. If there isanything over, it is mine. If there is a loss, it is against youbecause you lost it." The agent says, "Rather you must fulfil what theseller is owed. I bought them with your capital which you gave me."Malik said, "The agent is obliged to pay the price to the seller andthe investor is told, 'If you wish, pay the hundred dinars to theagent and the goods are between you. The qirad is according to whatthe first hundred was based on. If you wish, you are free of thegoods.' If the hundred dinars are paid to the agent, it is a qiradaccording to the conditions of the first qirad. If he refuses, thegoods belong to the agent and he must pay their price."Malikspoke about two people in a qirad who settled up and the agent stillhad some of the goods which he used - threadbare cloth or a waterskinor the like of that. Malik said, "Any of that which is insignificantis of no importance and belongs to the agent. I have not heard anyonegive a decision calling for the return of that. Anything which has aprice is returned. If it is something which has value like an animal,camel, coarse cloth or the like of that which fetches a price, I thinkthat he should return what he has remaining of such things unless theowner overlooks it."