between himself and his partner; for the latter takes from one person, whereas the former takes from the Muslim community.”
I say: Abū ‘Abd Allāh ibn Battah wrote a treatise concerning those who appropriate any part of a Muslim thoroughfare, citing reports from Ahmad and other early scholars. Several earlier and later scholars of Ahmad’s school have discussed this issue, including Shaykh Abū Muhammad al-Maqdisī.
He said in al-Mughnī:
“No one may reclaim streets, roads, or open squares within built-up areas, whether they are wide or narrow, and whether or not doing so restricts people’s passage. These places are shared by the Muslims and serve their interests, so they resemble their mosques. Nevertheless, people may sit in their wider parts to buy and sell, provided they neither obstruct anyone nor harm passersby. People in towns throughout all ages have agreed to allow this without objection. Moreover, it is a harmless use of something open to everyone, and thus is not prohibited, just as passing through is not prohibited.
“Ahmad said concerning someone who reaches the market stalls first: ‘Leave him be; the place is his until nightfall.’ This was formerly the practice in the market of Medina. The Prophet, may Allah bless him and grant him peace, said:
‘Minā is a camping ground for whoever arrives first.’
“He may provide himself with shade using a mat, a chest, a cloak, or the like, provided this causes no harm, since there is a need for it and it causes no harm. He may not, however, build anything—neither a raised platform nor anything else—because it restricts