General Section on Selling Food

53 Yahya related to me from Malik that Muhammad ibn 'Abdullah ibn Abi Maryam asked Sa'id ibn al-Musayyab's advice. " I am a man, " he said, " who buys food with receipts from al-Jar. Perhaps I will buy something for a dinar and half a dirham, and will be given food for the half dirham." Sa'id said, " No. You give a dirham and take the rest in food." (A half dirham did not exist as a coin.)

54 Yahya related to me from Malik that he had heard that Muhammad ibn Sirin used to say, " Do not sell grain on the ear until it is white."

Malik said, " If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have the food. Sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the transaction has been completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this other man was owed the like of that food by another man. The one who owed the food said to his creditor, " I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you."

Malik said, " If the man who has to deliver the food, goes and buys the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is not a sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, " That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

59 Malik said, " Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana but granted an indulgence in the 'ariyya for computing the equivalent in dates. It was distinguished between them that while the muzabana-sale was based on shrewdness and trade, the 'ariyya sale was based on a favour rendered and there was no shrewdness involved in it."

Malik said, " A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then giving a dirham and taking goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in such transaction."

Malik said, " There is no harm in a man placing a dirham with another man and then taking from him agreed goods for a fourth, third or a known fraction. If there was not an agreed price on the goods and the man said, 'I will take them from you for the price of each day, ' this is not halal because there is uncertainty. It might be less one time and more another time, and they would not part with an agreed sale."

Malik said, " If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it - that is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

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