spacious, and he may grant someone a place in which to sit. Thus, he may say: “So-and-so, you may have the head of the market, its middle, its edge,” or the like. For such matters are referred to the imam, provided that this does not harm people. Harm to people may take several forms:

For example, if he grants him a large space while people are crowded into that area, whereas, had he not granted it to him, the space would have accommodated four or five people, then this is not permissible, because it harms people who are in need. If he grants this man a large section of this market, then, instead of twenty people being able to occupy the market, it will accommodate only ten, for example. This is harmful.

Likewise, if he grants him a place at the entrance to the market, thereby restricting those entering, we say: this is prohibited and not lawful for him. The imam must observe the public interests, and particular harms are tolerated for the sake of public interests. For when he takes public interests into consideration, he may perhaps harm others, but they are only individuals.

His statement, “and he has the greater right to sit there”: he does not own it, however, because the market belongs to the public. Thus, if he grants him a place in which to sell, he does not own it, but he has the greater right to sit there.

His statement, “without a grant”: that is, if a person sits in a place in the market, buying and selling there, without having been granted it.

His statement, “the one who first occupies it has the greater right to it, so long as his goods remain there, even if it is prolonged”: that is, if a person arrives first at a place and lays out his mat there, then, as long as his mat remains in the market, he has the greater right to it, and no one may displace him, because he was there first—even if a long time passes.