Hadith 39212

86 Malik related to me from Musa ibn Maysara that he heard a manask Said ibn al-Musayyab, "I am a man who sells for a debt." Saidsaid, "Do not sell except for what you take to your camel."Malik spoke about a person who bought goods from a man provided thathe provide him with those goods by a specific date, either in time fora market in which he hoped for their saleability, or to fulfil a needat the time he stipulated. Then the seller failed him about the date,and the buyer wanted to return those goods to the seller. Malik said,"The buyer cannot do that, and the sale is binding on him. If theseller does bring the goods before the completion of the term, thebuyer cannot be forced to take them."Malik spoke about aperson who bought food and measured it. Then some one came to him tobuy it and he told him that he had measured it for himself and takenit in full. The new buyer wanted to trust him and accept his measure.Malik said, "Whatever is sold in this way for cash has no harm in itbut whatever is sold in this way on delayed terms is disapproved ofuntil the new buyer measures it out for himself. The sale with delayedterms is disapproved of because it leads to usury and it is fearedthat it will be circulated in this way without weight or measure. Ifthe terms are delayed it is disapproved of and there is nodisagreement about that with us."Malik said, "One should notbuy a debt owed by a man whether present or absent, without theconfirmation of the one who owes the debt, nor should one buy a debtowed to a man by a dead person even if one knows what the deceased manhas left. That is because to buy that is an uncertain transaction andone does not know whether the transaction will be completed or notcompleted."He said, "The explanation of what is disapprovedof in buying a debt owed by someone absent or dead, is that it is notknown what unknown debtor may be connected to the dead person. If thedead person is liable for another debt, the price which the buyer gaveon strength of the debt may become worthless."Malik said,"There is another fault in that as well. He is buying something whichis not guaranteed for him, and so if the deal is not completed, whathe paid becomes worthless. This is an uncertain transaction and it isnot good."Malik said, "One distinguishes between a man whois only selling what he actually has and a man who is being paid inadvance for something which is not yet in his possession. The manadvancing the money brings his gold which he intends to buy with. Theseller says, 'This is 10 dinars. What do you want me to buy for youwith it?' It is as if he sold 10 dinars cash for 15 dinars to be paidlater. Because of this, it is disapproved of. It is something leadingto usury and fraud."