(*)
The shaykh, imam and eminent scholar, Shaykh al-Islām Abū al-‘Abbās Ahmad, son of the shaykh, imam and scholar Shihāb al-Dīn ‘Abd al-Halīm, son of the shaykh and imam Majd al-Dīn Abū al-Barakāt ‘Abd al-Salām ibn Taymiyyah—may Allah have mercy on him—said:
All praise belongs to Allah. We seek His help and guidance, ask His forgiveness, and turn to Him in repentance. We seek refuge in Allah from the evil within ourselves and from our evil deeds. Whoever Allah guides, none can lead astray; and whoever He leads astray, none can guide. We bear witness that none has the right to be worshipped except Allah alone, with no partner. We also bear witness that Muhammad is His servant and Messenger, whom He sent before the Hour as a bearer of glad tidings and a warner, calling to Allah by His permission, and as an illuminating lamp.
Through him, Allah guided people out of misguidance, gave them sight after blindness, and led them from error to right guidance. Through him, He opened blind eyes, deaf ears, and closed hearts. He conveyed the message, fulfilled the trust, sincerely counselled the Muslim community, strove in Allah’s cause as he ought, and worshipped Allah until the certainty of death came to him from his Lord. May Allah send blessings upon him and upon
(*) Shaykh Nāsir ibn Hamad al-Fahd stated (p. 216):
There are two points here:
First: This treatise by the Shaykh, may Allah have mercy on him, is known as al-Hisba. Ibn al-Qayyim, may Allah have mercy on him, reproduced most of it in his al-Turuq al-Hukmiyya, pp. 232–273.
Second: Comparing this text with Ibn al-Qayyim’s version reveals minor differences and transcription errors, the most important of which are:
1. 28/78: “For this reason, several scholars, including Abū Hanīfa and his followers, prohibited professional partitioners, who divide real estate and other property for a fee, from forming partnerships when people need their services [because, if they formed partnerships,] they would charge people higher fees.” The bracketed words are missing here. They appear in al-Turuq al-Hukmiyya, p. 246, and are indicated by the context.
2. 28/84: “Some scholars thought that these partnerships were contracts of hire with unspecified remuneration, and therefore said that analogy required their prohibition. Some of them prohibited orchard partnerships (musāqāh) and agricultural partnerships but permitted profit-sharing investment (mudāraba) as a recommended practice on grounds of need, since dirhams cannot be leased, as Abū Hanīfa maintains.” I say (the speaker here is Shaykh Nāsir al-Fahd): This is how it appears in al-Fatāwā: istihbāban (“as a recommended practice”). In al-Turuq al-Hukmiyya, p. 251, it reads istihsānan li-l-hāja (“by juristic preference on grounds of need”), which is correct. They exempted it from the analogy that, in their view, required its prohibition, relying on another proof—need. This is one of the definitions of istihsān (juristic preference). Allah Most High knows best.
3. 28/85: “Sharecropping is more fundamental than leasing.” In al-Turuq, p. 251, it reads: “Sharecropping is more lawful than leasing,” which is the more likely reading.
4. 28/90: “People have disputed price regulation in two cases. The first is when people have a high price and someone wishes to sell at an even higher price: he is prevented from doing so.” In al-Turuq, p. 252, it reads: “when people have a prevailing price,” which is correct.
5. 28/92: “If one person or a small number of them lower the price, they are ordered to match the price charged by the majority. [But if one person or a small number raise the price, the majority are not ordered to match their price,] because what matters is the situation of the majority, on which the pricing of goods is based.” The bracketed words are missing from this passage. They appear in al-Turuq, p. 256.
6. 28/95: “It is well known that when something [becomes scarce,] people are eager to bid more for it.” The bracketed words are missing. They appear in al-Turuq, p. 258, and make the meaning clear.