Hadith 38402

Yahya said that Malik spoke about an investor who made a qiradloan to a man, who used it and made a profit. Then the man bought withall the profit a slave-girl and he had intercourse with her and shebecame pregnant by him, and so the capital decreased. Malik said, "Ifhe has money, the price of the slave-girl is taken from his property,and the capital is restored by it. If there is something left overafter the money is paid, it is divided between them according to thefirst qirad. If he cannot pay it, the slave-girl is sold so that thecapital is restored from her price."Malik spoke about aninvestor who made a qirad loan to a man, and the agent spent more thanthe amount of the qirad loan when buying goods with it and paid theincrease from his own money. Malik said, "The investor has a choice ifthe goods are sold for a profit or loss or if they are not sold. If hewishes to take the goods, he takes them and pays the agent back whathe put in for them. If the agent refuses, the investor is a partnerfor his share of the price in increase and decrease according to whatthe agent paid extra for them from himself."Malik spokeabout an agent who took qirad money from a man and then gave it toanother man to use as a qirad without the consent of the investor. Hesaid, "The agent is responsible for the property. If it is decreased,he is responsible for the loss. If there is profit, the investor hashis stipulation of the profit, and then the agent has his stipulationof what remains of the money."Malik spoke about an agent whoexceeded and borrowed some of what he had of qirad in money and hebought goods for himself with it. Malik said, "If he has a profit, theprofit is divided according to the condition between them in theqirad. If he has a loss, he is responsible for the loss."Malik said about an investor who paid qirad money to a man, and theagent borrowed some of the cash and bought goods for himself with it,"The investor of the capital has a choice. If he wishes, he shareswith him in the goods according to the qirad, and if he wishes, hefrees himself of them, and takes all of the principal back from theagent. That is what is done with some one who oversteps."