As for al-Shāfiʿī, he explained that the prohibition was enacted for the seller’s sake, so that the interceptor would not cheat him, for the seller is unaware of the going price in town. He therefore ruled: “If the sale nevertheless occurs, the owner of the goods retains a choice; if he wishes he may uphold the sale, and if he wishes he may cancel it.”

Al-Shāfiʿī’s doctrine rests squarely on the authentic ḥadīth transmitted by Abū Hurayrah from the Messenger of Allah—peace and blessings be upon him—who said:

“Do not intercept the caravans bringing in supplies; whoever meets such a caravan and buys from it, the original owner has the option when he reaches the marketplace.”

This ḥadīth is recorded by Muslim and others.

Section: A Townsman Selling on Behalf of a Bedouin

With regard to the Prophet’s—peace be upon him—prohibition of a townsman’s selling for a Bedouin, the scholars have differed over its meaning. Some maintained that townspeople are categorically forbidden to act as agents for desert dwellers. They then disagreed about a townsman buying from a Bedouin: at one point he permitted it—a view also reported from Ibn Ḥabīb—and at another he forbade it. In his usage “townspeople” refers to the inhabitants of the garrison cities. Another report attributes to him the view that villagers may not sell for nomads who travel with their tent-poles. Al-Shāfiʿī and al-Awzāʿī adopted the same position as Mālik.

Abū Ḥanīfah and his colleagues, however, saw no objection to a townsman’s selling for a Bedouin provided he informs him of the market price. Mālik disliked that—the point at issue being the townsman’s informing the Bedouin of the price—whereas al-Awzāʿī deemed it permissible.

Those who prohibit the practice agree that its purpose is to protect the townsfolk, for goods are more plentiful and less expensive among the Bedouin—indeed, many items there can be had for nothing. They therefore considered it disliked for the townsman to advise the Bedouin, yet this clashes with the Prophet’s statement—peace be upon him—“Religion is sincere counsel.” On this ḥadīth Abū Ḥanīfah based his lenient ruling.

The majority appeal to the ḥadīth of Jābir reported by Muslim and by Abū Dāwūd, in which the Messenger of Allah—peace be upon him—said:

“Let no townsman sell on behalf of a Bedouin. Leave the people; Allah provides for some of them through others.”

As far as I know, the additional phrase is unique to Abū Dāwūd. It most likely refers to preventing the Bedouin from being defrauded, since he arrives unaware of the prevailing price—unless this wording can be firmly authenticated. In that case, the purport of the ḥadīth would be the same as the prohibition on intercepting caravans as interpreted by al-Shāfiʿī: should the sale already have taken place, it stands and is valid, in light of his words—peace be upon him—“Leave the people; Allah provides for some of them through others.”

Mālik’s disciples themselves disagreed on the consequence: some held that the contract must be rescinded, while others held that it need not be.

Section: Sales Involving Najsh

As for the Prophet’s—peace be upon him—prohibition of najsh, the scholars are unanimously agreed that it is forbidden, and that