CHAPTER OF LEASES · 47 – Hadiths Prohibiting a City-Dweller from Selling in Place of a Villager
According to a narration from Ibn Abbas, may Allah be pleased with him:
The Messenger of Allah, peace and blessings be upon him, forbade the city-dweller from selling on behalf of someone residing in the desert (countryside).
Tawus asked Ibn Abbas, "What is meant by forbidding the city-dweller from selling on behalf of someone from the desert?"
Ibn Abbas replied, “Let him not act as his agent.” [242]
EXPLANATION:
The person from the countryside brings produce. The city-dweller says, "Now the market is cheap; leave this merchandise with me, and when the market rises, I will sell it for you." He retains the goods – this type of transaction is forbidden. For there is a possibility that the person from the countryside will be deceived. Furthermore, when the produce arrives, its sale that day brings ease to the market. Retaining the goods leads to hoarding.
According to the Hanafi school of thought: It is permissible for a local to sell on behalf of a foreigner.
According to the Malikis: This transaction is considered void. (Avn-ul-Ma’bud, Maalim-us-Sunan, Bez-ul-Majhud)
Anas ibn Malik (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “Let not the settled one sell the property of a Bedouin, even if he is his brother or father.”
Abu Dawud said: I heard Hafs ibn Umar say:
– He told me, Abu Hilal reported to me, who said that Muhammad narrated to me. And Anas ibn Malik (may Allah be pleased with him) said:
– It was said, ‘Do not sell on behalf of the Bedouin for the settled one.’ But this word means that he cannot sell anything at all on his behalf, nor can he purchase.”
Sālim al-Makkī – may Allah be pleased with him – relates that a bedouin came to him with a report. A bedouin brought a milch cow during the era of prosperity. He visited Talhah ibn ‘Ubaydullah as a guest.
Talhah said to him:
“The Messenger of Allah, peace and blessings be upon him, forbade the townsman from selling the bedouin’s property on his behalf. However, go and look in the marketplace, and if anyone wishes to trade with you, consult me. I will then tell you whether to sell your goods or not, according to the situation.”
Jabir (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “Let not the city-dweller sell the property of one who resides in the desert or rural area on his behalf. Let people be left to their own affairs, for Allah provides sustenance to some through others.” [244]
**Explanation:**
The prohibition against a city-dweller selling the property of someone residing in the desert or rural area is to prevent hardship in the market. For if the city-dweller says to the villager, “Leave your goods with me, and when prices rise, I will sell them for you,” then the villager’s goods will be detained, resulting in a form of hoarding (ihtikar). And if this commodity is subsequently sold, the city-dweller will place a commission upon it, either raising the price of the commodity or taking a commission from its owner, thereby harming the original owner or buyer.
Mujahid says: There is no objection to a local selling the property of a foreigner.
Hasan al-Basri says: He cannot sell it.
Other scholars say: It is disliked (makruh).
(Meallim-us-Sunan)