Hadith 38652

Muwatta Malik

موطأ مالك

3


Malik said, "The recognised and permitted form of qirad is that aman take capital from an associate to use. He does not guarantee itand in travelling pays out of the capital for food and clothes andwhat he makes good use of, according to the amount of capital. Thatis, when he travels to do the work and the capital can support it. Ifhe remains with his people, he does not have expenses or clothing fromthe capital."Malik said, "There is no harm in the twoparties in a qirad helping each other by way of a favour when it isacceptable to them both."Malik said, "There is no harm inthe investor of the capital buying some of the goods from the agent inthe qirad if that is acceptable and without conditions."Malik spoke about an investor making a qirad loan to a man and hisslave, to be used by both. He said, "That is permitted, and there isno harm in it because the profit is property for his slave, and theprofit is not for the master until he takes it from him. It is likethe rest of his earnings."

USC-MSA web (English) reference: Book 32, Hadith 3