Allah's Apostle said, "My heirs should not take even a single Dinar (i.e. anything from my property), and whatever I leave, excluding the expenditure of my wives and my laborers, will be Sadaqa (i.e. be used for charity)."'

Allah's Apostle said (to me), "If the property of Bahrain had come to us, I would have given you so much and so much." But the Bahrain property did not come till the Prophet had died. When the Bahrain property came. Abu Bakr ordered somebody to announce, "Any person who has money claim on Allah's Apostle or whom Allah's Apostle had promised something, should come to us." So, I went to him and said, "Allah's Apostle had promised to give me so much an so much." Abu Bakr scooped up money with both hands thrice for me." (The sub-narrator Sufyan illustrated this action by scooping up with both hands and said, "Ibn Munkadir, another sub-narrator, used to illustrate it in this way.") Narrated Jabir: Once I went to Abu Bakr and asked for the money but he did not give me, and I went to him again, but he did not give me, so I went to him for the third time and said, "I asked you, but you did not give me; then I asked you (for the second time) and you did not give me; then I asked you (for the third time) but you did not give me. You should either give me or allow yourself to be considered a miser regarding my case." Abu Bakr said, "You tell me that I am a miser with regard to you. But really, whenever I rejected your request, I had the inclination to give you." (In another narration Jabir added:) So, Abu Bakr scooped up money with both hands for me and asked me to count it. I found out that It was five hundred. Abu Bakr told me to take twice that amount.

Once, while I was in the company of the Prophet, he saw the mountain of Uhud and said, "I would not like to have this mountain turned into gold for me unless nothing of it, not even a single Dinar remains of it with me for more than three days (i.e. I will spend all of it in Allah's Cause), except that Dinar which I will keep for repaying debts." Then he said, "Those who are rich in this world would have little reward in the Hereafter except those who spend their money here and there (in Allah's Cause), and they are few in number." Then he ordered me to stay at my place and went not far away. I heard a voice and intended to go to him but I remembered his order, "Stay at your place till I return." On his return I said, "O Allah's Apostle! (What was) that noise which I heard?" He said, "Did you hear anything?" I said, "Yes." He said, "Gabriel came and said to me, 'Whoever amongst your followers dies, worshipping none along with Allah, will enter Paradise.' " I said, "Even if he did such-and-such things (i.e. even if he stole or committed illegal sexual intercourse)" He said, "Yes."

The Messenger of Allah (saws) had a man's hand cut off for (stealing) a shield whose price was a dinar or ten dirhams.

Abu Dawud said: Muhammad bin Salamah and Sa'dan bin Yahya have transmitted it from Ibn Ishaq through his chain of narrators.

Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man says to his muslim brother, 'O kafir!' it is true about one of them."

`Abdullah Bin `Umar wrote to `Abdul Malik bin Marwan, swearing allegiance to him: 'I swear allegiance to you in that I will listen and obey what is in accordance with the Laws of Allah and the Tradition of His Apostle as much as I can.'

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as Saidi that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will remain in good as long as they are quick to break the fast."

The Messenger of Allah (saws) used to pray two rak'ahs in his house after the Friday prayer.

Abu Dawud said: This tradition has been transmitted in a similar way by 'Abd Allah b. Dinar from Ibn 'Umar.

I asked Al-Bara' bin `Azib and Zaid bin Arqam about money exchanges. Each of them said, "This is better than I," and both of them said, "Allah's Apostle forbade the selling of silver for gold on credit. "

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand.

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Someone who buys food, must not sell it until he takes possession of it."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A person who drags his garment in arrogance will not be looked at by Allah on the Day of Rising."

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar said, "When we took an oath of allegiance with him to hear and obey, the Messenger of Allah, may Allah bless him and grant him peace, said to us, 'In what you are able.' "

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, ''Umar ibn al-Khattab was asked about locusts. He said, 'I would like to have a basket of them, from which we could eat.' "

I heard the Prophet saying, "If the son of Adam (the human being) had two valleys of money, he would wish for a third, for nothing can fill the belly of Adam's son except dust, and Allah forgives him who repents to Him."

Hind, the mother of Mu'awiya said to Allah's Apostle, "Abu Sufyan (her husband) is a miser. Am I allowed to take from his money secretly?" The Prophet said to her, "You and your sons may take what is sufficient reasonably and fairly."

Allah's Apostle said, "The Hour will not be established until the son of Mary (i.e. Jesus) descends amongst you as a just ruler, he will break the cross, kill the pigs, and abolish the Jizya tax. Money will be in abundance so that nobody will accept it (as charitable gifts).

The Prophet cursed the lady who practices tattooing and the one who gets herself tattooed, and one who eats (takes) Riba' (usury) and the one who gives it. And he prohibited taking the price of a dog, and the money earned by prostitution, and cursed the makers of pictures.

'Abdullah b. 'Umar reported that Allah's Messenger (may peace be upon him) used to come to Quba', i. e. (he came) on every Saturday, and he used to come riding or on foot. Ibn Dinar (another narrator) said that Ibn Umar used to do like this.

We used to be given mixed dates (from the booty) and used to sell (barter) two Sas of those dates) for one Sa (of good dates). The Prophet said (to us), "No (bartering of) two Sas for one Sa nor two Dirhams for one Dirham is permissible", (as that is a kind of usury). (See Hadith No. 405).

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, pointing at the east and saying, 'The cause of dissension is here. The cause of dissension is here, from where the helpers of shaytan arise.' "

The Prophet said, "If one manumits his share of a common slave (Abd), and he has money sufficient to free the remaining portion of the price of the slave (justly estimated), then he should free the slave completely by paying the rest of his price; otherwise the slave is freed partly. "

The Prophet said, "If I had gold equal to the mountain of Uhud, I would love that, before three days had passed, not a single Dinar thereof remained with me if I found somebody to accept it excluding some amount that I would keep for the payment of my debts.''

Yahya related to me from Malik that Abdullah ibn Dinar said, "I saw Abdullah ibn Umar stop by the grave of the Prophet, may Allah bless him and grant him peace, and ask for blessings on the Prophet, may Allah bless him and grant him peace, and on Abu Bakr and Umar."

I went to the Prophet in the mosque (the sub-narrator Mas`ar thought that Jabir had said, "In the forenoon.") He ordered me to pray two rak`at. He owed me some money and he repaid it to me and gave more than what was due to me.

The Prophet said, "The Hour (Last Day) will not be established until (religious) knowledge will be taken away (by the death of religious learned men), earthquakes will be very frequent, time will pass quickly, afflictions will appear, murders will increase and money will overflow amongst you." (See Hadith No. 85 Vol 1).

I heard Ibn `Umar saying, "The Prophet arrived at Mecca and performed Tawaf of the Ka`ba and then offered a two-rak`at prayer and then performed Tawaf between Safa and Marwa." Ibn `Umar then recited (the verse): "Verily! In Allah's Apostle (p.b.u.h) you have a good example. "

A man decided that a slave of his would be manumitted after his death and later on he was in need of money, so the Prophet took the slave and said, "Who will buy this slave from me?" Nu'aim bin `Abdullah bought him for such and such price and the Prophet gave him the slave.

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women, divorce them at the beginning of their idda.'"

Malik said, "He meant by that, to make one pronouncement of divorce at the beginning of each period of purity."

Yahya related to me from Malik from Abdullah ibn Dinar from Sulayman ibn Yasar and from Urwa ibn az-Zubayr from A'isha umm al- muminin, that the Messenger of Allah, may Allah bless him and grant him peace, said, " What is haram by birth is haram by suckling."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Bilal calls the adhan whilst it is still night so eat and drink until Ibn Umm Maktum calls the adhan."

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My inheritance is not divided up by the dinar. What I leave apart from the maintenance of my wives and provision for my servant is sadaqa."

The Prophet said, "Whoever manumits his share o a jointly possessed slave, it is imperative on him to manumit the slave completely if he has sufficient money to pay the rest of its price which is to be estimated justly. He should pay his partners their shares and release him (the freed one).

The Prophet said, "Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work."

In the lifetime of the Prophet there was no wall around the Ka`ba and the people used to pray around the Ka`ba till `Umar became the Caliph and he built the wall around it. 'Ubaidullah further said, "Its wall was low, so Ibn Az-Zubair built it."

That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.

He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

When the Prophet (saws) sent him to the Yemen, he ordered him to take a male or a female calf a year old for every thirty cattle and a cow in its third year for every forty, and one dinar for every adult (unbeliever as a poll-tax) or cloths of equivalent value manufactured in the Yemen.

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "It has not been a long time for me and I have not forgotten. A thief's hand is cut off for a quarter of a dinar and upwards."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar and Zayd ibn Aslam that all of them informed him from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "On the Day of Rising, Allah will not look at a person who drags his garment in arrogance."

Malik related to me from Abdullah ibn Dinar that Abu Salih as- Samman informed him that Abu Hurayra said, "Truly a man utters words to which he attaches no importance, and by them he falls into the fire of Jahannam, and truly a man utters words to which he attaches no importance, and by them Allah raises him into the Garden."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad said, "People used to be ordered to place their right hands on their left forearms in the prayer."

Abu Hazim added, "I know for sure that Sahl traces that back to the Prophet, may Allah bless him and grant him peace."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab used to say, "Do not intend to do your prayer at either sunrise or sunset, for the horns of Shaytan rise with the rising of the sun and set with its setting."

Umar used to beat people for that kind of prayer.

`Abdur-Rahman bin `Auf said to Suhaib, 'Fear Allah and do not ascribe yourself to somebody other than your father.' Suhaib replied, 'I would not like to say it even if I were given large amounts of money, but I say I was kidnapped in my childhood.' "

We used to work on the fields more than the other Ansar, and we used to rent the land (for the yield of a specific portion of it). But sometimes that portion or the rest of the land did not give any yield, so we were forbidden (by the Prophet ) to follow such a system, but we were allowed to rent the land for money.

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."