LEASE SECTION · 49 – HOARDING IS PROHIBITED
Having narrated this, Ma'mer said: The Messenger of Allah (ﷺ) said: "Only the sinful one hoards."
Muhammad bin 'Amr bin Ata said: I said to Sa'd bin Musayyib, “You are hoarding.” Sa’id replied to me, “Ma’mer, the narrator of this hadith, used to hoard.”
Abu Dawud said: I asked Ahmad bin Hanbal, "What is hoarding?" He answered, "It is that which affects the livelihood of the people."
Abu Dawud said: Evza'i said: The hoarder is someone who obstructs the market (by withholding a foodstuff so that its price increases).
EXPLANATION
*Hukr*: It is to buy a commodity of food and withhold it from the market so that its price rises, then sell it. This word has become established in our language as *ihtikar*.
*Ihtikar* has both a lexical meaning and a technical (specialized) meaning.
The lexical meaning: It is definitely withholding a commodity until its price increases to sell it.
The technical meaning: It is buying and withholding foodstuffs that the people need, intending to sell them when their prices rise.
But if a producer does not bring his produce from his field to the market, but wants to sell it when it becomes valuable, then it is *ihtikar* in terms of its lexical meaning, but not in terms of its technical meaning. It carries no blame. The *ihtikar* that Sa’id bin Musayyib and Ma'mer (may Allah be pleased with them) did was *ihtikar* in terms of language. They did not withhold foodstuffs needed by the people to take advantage of an opportunity.
3448 – Katada (may Allah be pleased with him) narrated:
– There is no hoarding in dates.
In the narration of Ibn Mūsannā from Yahya bin Fayyaz, Yahya stated that this was related from Hasan al-Basri. Then Ibn Mūsannā said, “We told Yahya bin Fayyaz, ‘Do not say you heard it from Hasan,’ for Hasan did not utter these words.”
Abū Dāwūd said:
– This hadith is false in our estimation.
Abū Dāwūd also narrated:
– Sa’īd bin Musayyib used to preserve the kernels (of dates and raisins), the leaves (collected for animal fodder), the seeds, and the grain so that they would attain their value.
I have heard Ahmed bin Yunus say:
– I asked Sufyan (may Allah be pleased with him) about preserving dried clover. Sufyan said:
– The Companions did not like them to be preserved.
– I asked Abū Bakr bin Ayyash. He replied:
– Preserve it yourself.
EXPLANATION
Kebs: To hoard.
Kattī: Dried clover.
Nawa: Kernel.
Habat: Leaf.
Buzr: Means seed.
Imam Mālik (may Allah be pleased with him) states that hoarding is forbidden in the market and bazaar for anything that brings about scarcity, such as wool, linen, and olive oil. (Ma’ālim al-Sunan)
Imam Ahmad says: Hoarding is only forbidden in foodstuffs. According to Imam al-Shafi'i and Imam al-A zam, it is only applicable to food items.
If a producer withholds his produce from the market and then brings it out when prices rise, this is not considered hoarding. Selling goods purchased when prices were low, after they have risen, is not considered hoarding. However, one should consider all the hadiths and take into account the differences of opinion among the schools of law, and avoid hoarding even if it is outside of foodstuffs.