Muwatta 2034

Yahya said Malik said: the agreed practice among us about a man given money for profit-sharing, who bought goods with it, then sold the goods on credit, made a profit on the money, then the one who took the money died before the owner collected it. Malik said: if his heirs wish to collect that money, and are on their father's condition for the profit, that is theirs, if they are trustworthy with it. If they dislike collecting it, and leave the owner of the money free to collect it, they are not required to collect it, nor is there anything due from them or to them, if they hand it over to the owner. If they collect it, they have the same condition and expenses as their father had in it; they stand in their father's place. If they are not trustworthy with the money, they may bring a trustworthy person to collect it. ¹

Belongs to the Muwatta, Book of Profit-Sharing (qiradh). Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on profit-sharing (qiradh).