Hadith 39182

Malik said there was no harm if a man who sold some drapery andexcluded some garments by their markings, stipulated that he chose themarked ones from that. If he did not stipulate that he would choosefrom them when he made the exclusion, I think that he is partner inthe number of drapery goods which were purchased from him. That isbecause two garments can be alike in marking and be greatly differentin price.Malik said, "The way of doing things among us isthat there is no harm in partnership, transferring responsibility toan agent, and revocation when dealing with food and other things,whether or not possession was taken, when the transaction is withcash, and there is no profit, loss, or deferment of price in it. Ifprofit or loss or deferment of price from one of the two enters any ofthese transactions, it becomes sale which is made halal by what makessale halal, and made haram by what makes sale haram, and it is notpartnership, transferring responsibility to an agent, or revocation."Malik spoke about some one who bought drapery goods orslaves, and the sale was concluded, then a man asked him to be hispartner and he agreed and the new partner paid the whole price to theseller and then something happened to the goods which removed themfrom their possession. Malik said, "The new partner takes the pricefrom the original partner and the original partner demands from theseller the whole price unless the original partner stipulated on thenew partner during the sale and before the transaction with the sellerwas completed that the seller was responsible to him. If thetransaction has ended and the seller has gone, the pre-condition ofthe original partner is void, and he has the responsibility."Malik spoke about a man who asked another man to buy certain goods toshare between them, and he wanted the other man to pay for him and hewould sell the goods for the other man. Malik said, "That is not good.When he says, 'Pay for me and I will sell it for you,' it becomes aloan which he makes to him in order that he sell it for him and ifthose goods are destroyed, or pass, the man who paid the price willdemand from his partner what he put in for him. This is part of theadvance which brings in profit."Malik said, "If a man buysgoods, and they are settled for him, and then a man says to him,'Share half of these goods with me, and I will sell them all for you,'that is halal, there is no harm in it. The explanation of that is thatthis is a new sale and he sells him half of the goods provided that hesells the whole lot."