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Summary
Malik says: one should not buy a debt owed by an absent or present man, except with acknowledgement from the one who owes it, nor a debt owed by a dead man, even if the heir knows of it. Buying such a debt is uncertainty: one does not know whether it will be completed. The explanation of what is disliked is that if he buys a debt owed by an absent or a dead man, he does not know what debts the dead man may incur that were not known. If another debt befalls the dead man, the price the buyer paid is lost. 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 uncertainty (gharar).
Connections
- Part of
- Muwatta, Book of Sales (buyu')
- Mentions
- Malik ibn Anas
- Basis for
- uncertainty (gharar)
People and things also explored
Muwatta 1781· Muwatta 1782· Muwatta 1783· Muwatta 1784· Muwatta 1785· Muwatta 1786· Muwatta 1787· Muwatta 1788
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.207
Cite this page
islam.museum contributors. “Muwatta 1972”. islam.museum, https://islam.museum/en/passage/muwatta-17-1972/. CC BY-SA 4.0. Last updated 2026-10-17.