Hadith 38332

Yahya said that Malik spoke about an investor who gave qiradmoney to a man, and then the man sought a loan from the investor orthe investor borrowed money from the agent, or the investor left goodswith the agent to sell for him, or the investor gave the agent dinarsto buy goods with. Malik said, "There is no harm if the investorleaves his goods with him knowing that if the agent did not have hismoney and he had asked a similar thing of him, he would have stilldone it because of the brotherhood between them or because it wouldhave been no bother to him and that had the agent refused that, hewould not have removed his capital from him. Or if the agent hadborrowed from the investor or carried his goods for him and he knewthat if the investor had not had his capital with him, he would havestill done the same for him, and had he refused that to him, he wouldnot have returned his capital to him. If that is true between both ofthem and it is in the way of a favour between them and it is not acondition in the terms of the qirad, it is permitted and there is noharm in it. If a condition comes into it, or it is feared that theagent is only doing it for the investor in order to safeguard thecapital in his possession, or the investor is only doing it becausethe agent has taken his capital and will not return it to him, that isnot permitted in qirad and it is part of what the people of knowledgeforbid.' "