Hadith 39427

Yahya related to me, that Malik said, "The generally agreed onway of doing things among us about a man buying cloth in one city, andthen taking it to another city to sell as a murabaha, is that he isnot reckoned to have the wage of an agent, or any allowance forironing, folding, straightening, expenses, or the rent of a house. Asfor the cost of transporting the drapery, it is included in the basicprice, and no share of the profit is allocated to it unless the agenttells all of that to the investor. If they agree to share the profitsaccordingly after knowledge of it, there is no harm in that."Malik said, "As for bleaching, tailoring, dyeing, and such things,they are treated in the same way as drapery. The profit is reckoned inthem as it is reckoned in drapery goods. So if he sells the draperygoods without clarifying the things we named as not getting profit,and if the drapery has already gone, the transport is to be reckoned,but no profit is given. If the drapery goods have not gone thetransaction between them is null and void unless they make a newmutual agreement on what is to be permitted between them ."Malik spoke about an agent who bought goods for gold or silver, andthe exchange rate on the day of purchase was ten dirhams to the dinar.He took them to a city to sell murabaha, or sold them where hepurchased them according to the exchange rate of the day on which hesold them. If he bought them for dirhams and he sold them for dinars,or he bought them for dinars and he sold them for dirhams, and thegoods had not gone then he had a choice. If he wished, he accepted tosell the goods and if he wished, he left them. If the goods had beensold, he had the price for which the salesman bought them, and thesalesman was reckoned to have the profit on what they were bought for,over what the investor gained as profit.Malik said, "If aman sells goods worth one hundred dinars for one hundred and ten, andhe hears after that they are worth ninety dinars, and the goods havegone, the seller has a choice. If he likes, he has the price of thegoods on the day they were taken from him unless the price is morethan the price for which he was obliged to sell them in the firstplace, and he does not have more than that - and it is one hundred andten dinars. If he likes, it is counted as profit against ninety unlessthe price his goods reached was less than the value. He is given thechoice between what his goods fetch and the capital plus the profit,which is ninety-nine dinars."Malik said, "If someone sellsgoods in murabaha and he says, 'It was valued at one hundred dinars tome.' Then he hears later on, that it was worth one hundred and twentydinars, the customer is given the choice. If he wishes, he gives thesalesman the value of the goods on the day he took them, and if hewishes, he gives the price for which he bought them according to thereckoning of what profit he gives him, as far as it goes, unless thatis less than the price for which he bought them, for he should notgive the owner of the goods a loss from the price for which he boughtthem because he was satisfied with that. The owner of the goods cameto seek extra, so the buyer has no argument against the salesman inthat to make a reduction from the first price for which he bought itaccording to the list of contents."