except that, among themselves, they are subject to the rules governing market traders: if some of them lower their prices, they are left alone; but if many do so, the remainder are told, ‘Either sell at their prices or withdraw.’’

Ibn Habīb said: ‘This applies to goods sold by measure or weight, whether foodstuffs or otherwise, but not to goods sold by neither measure nor weight, since their prices cannot be fixed owing to their lack of uniformity.’”

Abū al-Walīd said: “He means when the goods sold by measure or weight are of equal quality. If their quality differs, the seller of superior goods is not ordered to sell them at the price of inferior goods.”

I say:

The second issue on which scholars differed regarding price regulation concerns the rule that no limit should be set for market traders beyond which they may not go, so long as people are fulfilling their obligations. Such price fixing was prohibited by the majority of scholars, including Mālik himself according to the well-known position reported from him. Its prohibition was also reported from Ibn ‘Umar, Sālim, and al-Qāsim ibn Muhammad. Abū al-Walīd reported that Sa‘īd ibn al-Musayyib, Rabī‘a ibn Abī ‘Abd al-Rahmān, and Yahyā ibn Sa‘īd permitted it, but he did not quote their words.

Ashhab related from Mālik, concerning the market supervisor’s fixing prices for butchers—one-third of a ratl of mutton or half a ratl of camel meat, failing which they must leave the market—that he said: “If he fixes their prices in accordance with his assessment of their purchase costs, there is no harm in it. But I fear that they may leave the market.”

Those who held this view argued that this serves the public interest by preventing the raising of