is it judged unlawful if one buys from him despite being able to buy from someone else. When there is a need, however, buying from him is not disliked. This man has wealth with which he buys and sells; but when he prevents others from selling and people need to buy from him, he charges them above the market price, thereby wronging them. At worst, his case is like that of oppressors who force goods upon people at more than their value, compelling them to buy. This does not make the purchased goods unlawful for the buyer; rather, what is unlawful is the seller’s taking money without right. It may, however, be argued that some of these unlawful excess charges have become mixed with his wealth, making it doubtful.

The first response is:

If most of a person’s wealth is lawful, it is permissible to deal with him, as the scholars of the schools of al-Shāfiʿī and Ahmad have stated. If unlawful wealth predominates, there are two scholarly views as to whether dealing with him is prohibited or disliked.

It may then be said:

There is no specific, known person entitled to those excess charges. According to the majority of scholars, wealth whose owner is unknown must be spent on purposes serving the interests of the Muslims. We only prohibited this man from charging the excess so that he would not wrong people. If we were to declare what people buy from him unlawful, we would increase the harm they suffer: they would need to buy from him at more than the goods’ value, yet what they purchased would be unlawful, while they would be unable to buy elsewhere. Such a position cannot be maintained. Rather, it is permissible to buy from someone like this, and the buyer has wronged no one, for he has paid the seller the equivalent of what he purchased, and more besides. Whoever is entitled to the payment is also entitled to the wealth in his possession. Thus, if the party entitled