Hadith 38348

Yahya said that Malik said, "The generally agreed on way of doingthings among us about an investor who pays qirad money to an agent tobuy goods, and the agent then sells the goods for a price to be paidlater, and has a profit in the transaction, then the agent dies beforehe has received payment, is that if his heirs want to take that money,they have their father's stipulated portion from the profit. That istheirs if they are trustworthy to take the payment. If they dislike tocollect it from the debtor and they refer him to the investor, theyare not obliged to collect it and there is nothing against them andnothing for them by their surrendering it to the investor. If they docollect it, they have a share of it and expenses like their fatherhad. They are in the position of their father. If they are nottrustworthy to do so, they can bring someone reliable and trustworthyto collect the money. If he collects all the capital and all theprofit, they are in the position of their father."Malikspoke about an investor who paid qirad money to a man provided that heused it and was responsible for any delayed payment for which he soldit. He said, "This is obligatory on the agent. If he sells it fordelayed payment, he is responsible for it."