one of them maintains that the option is established, and this is the position of al-Shāfiʿī; the second holds that it is not, because no underpricing has occurred. Granting the option on account of underpricing to the mustarsil—the buyer who does not haggle—is the view of Mālik, Aḥmad, and others.1 Hence, the merchants of the marketplace are not allowed to sell to the bargainer2 at one price while charging the mustarsil3 who does not bargain, or anyone ignorant of the going rate, a higher price; such conduct is blameworthy.
A Prophetic report says, “Overcharging the mustarsil is usury.”4 This is on a par with intercepting goods before they reach the market, for the newcomer is unaware of current prices. For that reason the Prophet ﷺ forbade a town-dweller to sell on behalf of a Bedouin and said, “Let the people be; Allah provides for some of them through others.”5
Ibn ʿAbbās was asked about the saying, “Let not the resident sell for the desert-dweller.” He answered, “He is not to act as his broker.” The prohibition exists because it harms the buyers: when the resident is appointed to sell a commodity that people need on behalf of the newcomer, and the newcomer does not know the price, the purchaser is wronged. Therefore the Prophet ﷺ said, “Let the people be; Allah provides for some of them through others.”
The same ruling applies to hoarding goods that people need. Muslim relates in his Ṣaḥīḥ from Maʿmar b. ʿAbd Allāh that the Prophet ﷺ said, “No one hoards except a sinner.”6 The hoarder is the one who deliberately buys up the food people require, withholds it from them, and intends thereby to inflate its price; such a person wrongs the buying public.
For this reason the ruler has the authority to compel owners to sell what they possess at the fair market price when people are in pressing need—such as someone who has food he does not require while the populace is famished; he is forced to sell it to them at the going rate. Hence the jurists have said: if someone is reduced to necessity for another person’s food, he may take it from him against his will, paying the fair price.