Muwatta 1897

الموطأ 1897 — مالك: من باع طعاما جزافا ولم يستثن منه شيئا، ثم بدا له أن يشتري منه شيئا، فلا يصلح إلا ما كان يجوز له أن يستثنيه، وهو الثلث فما دونه

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Summary

Malik says: whoever sells food by estimate, without excepting any of it, and then wishes to buy some of it back, it is not proper for him to buy anything from it except what he would have been allowed to except from it, which is a third or less. If it exceeds a third, it becomes muzabana and what is disliked. He should not buy any of it except what he would have been allowed to except. He is only allowed to except a third or less; this is the matter about which there is no dispute among us. 1

Place in the museum

Belongs to the Muwatta, Book of Sales. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on exceptions in sale and muzabana.

Connections

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Part of
Muwatta, Book of Sales (buyu')
Mentions
Malik ibn Anas
Basis for
exception of fruit from a sale (istithna')· muzabana (guessed sale of fruit or produce)

People and things also explored

Muwatta 1781· Muwatta 1782· Muwatta 1783· Muwatta 1784· Muwatta 1785· Muwatta 1786· Muwatta 1787· Muwatta 1788

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.179
Cite this page

islam.museum contributors. “Muwatta 1897”. islam.museum, https://islam.museum/en/passage/muwatta-17-1897/. CC BY-SA 4.0. Last updated 2026-10-17.

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