If, however, he brought a complaint against him for his master’s falling short in this regard, the muḥtasib would have no authority to investigate the matter or compel the master, because determining the extent of what is required involves independent legal reasoning: the general obligation to provide for him is established by revealed text, but the amount incumbent upon the master is not. Aḥmad said, in the narration of ʿAbd Allāh: “The slave’s right is that he be fed to satiety and clothed. He must not be burdened with what he cannot bear. When the slave reaches marriageable age, his master should arrange his marriage; if the slave refuses, he should leave him be.” In the narration of Ḥarb, he was asked, “May a slave be employed at night?” He replied: “He must not be kept awake, burdened, or overworked; his burden should be lightened.”
The muḥtasib may prevent shipowners from carrying more than their vessels can accommodate when it is feared that this will cause them to sink. He may likewise prevent them from sailing when the wind is severe. If men and women are carried aboard, he must separate them with a barrier. When the vessels are spacious, the women should be provided with latrines so that they do not have to expose themselves when relieving themselves.
If one of the people in the markets specializes in dealing with women, the muḥtasib should examine his conduct and trustworthiness. Once these have been established, he may permit him to continue dealing with them. But if suspicion appears in his conduct and his depravity becomes evident, the muḥtasib must prevent him from dealing with them and discipline him for accosting them. It has been said that the guards and public-security officials are more specifically responsible for denouncing this, since it is one of the measures that prevent fornication.
The muḥtasib should also examine the market stalls, permitting those whose use causes no harm to passersby and prohibiting those that do cause them harm. He need not wait for someone to bring a complaint before prohibiting them. Aḥmad said, in the narration of Ḥarb, concerning a man who arrives first at the market shops: “Whoever gets there first in the morning has it until night.” This indicates that market stalls are permissible. In the narration of Isḥāq ibn Ibrāhīm, he said: “Selling in the roadway is disliked.” Thus, he prohibited it.
If people construct anything in a public thoroughfare, they must be prevented from doing so and compelled to demolish what they have built, even if the road is wide enough to accommodate it. This applies even if the structure is a mosque, because the public facilities of roads are intended for passage, not construction. Aḥmad said, in the narration of al-Marwazī: “The ruling concerning these mosques built in the roads is that they are to be demolished.” He also said elsewhere: “These mosques are graver in sin: they remove the mosque, then transgress its ruling.”
If people place goods and construction materials in the passageways of streets and markets for temporary use, so that they can move them from place to place, they may be allowed to do so as long as passersby are not harmed; but they must be prevented if passersby are harmed. They must also be prevented from projecting overhangs, constructing covered passageways, laying water channels, or digging latrine pits, whether or not these cause harm—just as they are prevented from building in the roadway.