86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at 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 the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it 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 it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

Who will kill Ka'b b. Ashraf? He has maligned Allah, the Exalted, and His Messenger. Muhammad b. Maslama said: Messenger of Allah, do you wish that I should kill him? He said: Yes. He said: Permit me to talk (to him in the way I deem fit). He said: Talk (as you like). So, Muhammad b. Maslama came to Ka'b and talked to him, referred to the old friendship between them and said: This man (i. e. the Holy Prophet) has made up his mind to collect charity (from us) and this has put us to a great hardship. When be heard this, Ka'b said: By God, you will be put to more trouble by him. Muhammad b. Maslama said: No doubt, now we have become his followers and we do not like to forsake him until we see what turn his affairs will take. I want that you should give me a loan. He said: What will you mortgage? He said: What do you want? He said: Pledge me your women. He said: You are the most handsome of the Arabs; should we pledge our women to you? He said: Pledge me your children. He said: The son of one of us may abuse us saying that he was pledged for two wasqs of dates, but we can pledge you (cur) weapons. He said: All right. Then Muhammad b. Maslama promised that he would come to him with Harith, Abu 'Abs b. Jabr and Abbad b. Bishr. So they came and called upon him at night. He came down to them. Sufyan says that all the narrators except 'Amr have stated that his wife said: I hear a voice which sounds like the voice of murder. He said: It is only Muhammad b. Maslama and his foster-brother, Abu Na'ila. When a gentleman is called at night even it to be pierced with a spear, he should respond to the call. Muhammad said to his companions: As he comes down, I will extend my hands towards his head and when I hold him fast, you should do your job. So when he came down and he was holding his cloak under his arm, they said to him: We sense from you a very fine smell. He said: Yes, I have with me a mistress who is the most scented of the women of Arabia. He said: Allow me to smell (the scent on your head). He said: Yes, you may smell. So he caught it and smelt. Then he said: Allow me to do so (once again). He then held his head fast and said to his companions: Do your job. And they killed him.