The principle underlying this is that Allah, the Majestic and Almighty, sent the messengers to secure and perfect benefits as far as possible, and to give precedence to the greater of two benefits by foregoing the lesser. Allah, Glorified be He, has forbidden His servants to commit injustice and has enjoined justice. Thus, when injustice and corruption occur and cannot be prevented, the duty is to mitigate them and pursue justice and benefit as far as possible. Allah has forbidden injustice concerning both resources open to everyone and privately owned property, because of the harm it causes those entitled to them.
If it were said, “These goods must not be purchased, and no one may lawfully use salt, hides, heads, hair, wool, or other goods sold in this manner,” such a prohibition would cause far greater harm to Muslims and corruption in their religious and worldly affairs than saying, “Rather, the wronged person’s claim lies against the wrongdoer who received the proceeds, while the purchaser bought the goods rightfully, so they are lawful for him.” This latter position safeguards the wronged person’s rights by directing his claim against the wrongdoer, while safeguarding the rights of the public by enabling them to benefit from these goods in return for payment.
This is especially so given that the owners of those heads and similar goods are known not to object, in reality, to their sale, since allowing them to spoil serves no interest of theirs. When the goods are sold, the seller has therefore done what the owners would choose and approve of. What they do not approve of, however, is being deprived of the proceeds; rather, they want the proceeds paid to them. Thus, they consent to the purchaser taking possession of the goods and to their use, but they will not be satisfied with the seller unless he gives them the price, so that he alone