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Al-Mulamasa and al-Munabadha

Malik's Muwatta

by Imam Malik, translation by A'isha `Abdarahman at-Tarjumana and Ya`qub Johnson , Volume: Business Transactions
76.
Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha.

Malik said, "Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'this is for this. 'This is what is forbidden of mulamasa and munabadha."

Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past, and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa.

77.
Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly 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 in them as it is reckoned in drapery goods. So if he sells the drapery goods 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 the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the 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 he purchased them according to the exchange rate of the day on which he sold 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 the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

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List of chapters
Non-Returnable Deposits
Wealth of Slaves
Built-In Liability Agreements
Defects in Slaves
What is Done about Slave-Girls when Purchased and Conditions Made about Them
Prohibition against Intercourse with Slave-Girls Who Have Husbands
Ownership of the Fruit of Trees which have been Sold
Prohibition against Selling Fruit until It starts to Ripen
The Sale of Ariyas
How Crop Damage Affects Sales of Agricultural Produce
What is Permissible in Keeping Back a Portion of the Fruit
What is Not Recommended in the Sale of Dates
Muzabana and Muhaqala
General Remarks about Selling Produce at its Source
Selling Fruit
Selling Gold for Silver, Minted and Unminted
Money-Changing
Selling Gold for Gold and Silver for Silver by Weight
Buying on Delayed Terms and Re-Selling for Less on More Immediate Terms
What is Disapproved in Selling Food with Delayed Payment or Delivery
Pre-payment on Food
Bartering Food for Food with No Increase between Them
General Section on Selling Food
Hoarding and Raising Prices by Stock-Piling
What is Permitted in Selling Some Animals for Others and Making an Advance for Them
What Is Not Permitted in the Sale of Animals
Selling Animals in Exchange for Meat
Selling Meat for Meat
Selling dogs
Advance and Sale of Some Goods for Others
The Advance on Goods
Selling Copper and Iron and Such Things which are Weighed
Prohibition against Two Sales in One Sale
Transactions with Uncertainty in Them
Al-Mulamasa and al-Munabadha
Sale according to List of Contents
The Right of Withdrawal (Khiyar)
Usury in Debts
Debts and Transfer Debts in General
Partnership, Transferral of Responsibility to an Agent and Revocation
Bankruptcy of Debtors
What is Permitted Of Free Loans
What Is Not Permitted of Free Loans
What is Forbidden of Haggling and Transactions
Business Transactions in General
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