and the same applies to buying over another’s purchase, for example saying to someone who has just sold his goods for nine, “I will pay ten,” so that he annuls the first contract and concludes one with him instead.
The prohibition applies while the option of the meeting (khiyār al-majlis) or the stipulated option (khiyār al-sharṭ) is still in force, and it also applies after both options have expired, for harm may still occur: the first party is left regretting his bargain, tries to undo it by inventing excuses, nurses resentment against the seller or the buyer, and other such evils.
A dhimmī is treated exactly like a Muslim in this matter; the wording merely referred to the Muslim because that is the common case. Ibn ʿAbd al-Barr said: “The jurists unanimously agree that it is unlawful for a Muslim to intrude upon a dhimmī’s negotiations, with the sole exception of al-Awzāʿī.”
- Just as selling over another’s sale is forbidden, so too is proposing marriage over someone else’s proposal.
Likewise with positions and jobs—such as tenders, leases, and all other contracts—for the same motive found in sales, namely the stirring up of enmity and hatred, exists in all of them.
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The prohibition of the town-dweller selling on behalf of the desert-dweller is as follows: a non-resident brings goods to market, and a resident undertakes to sell them for him. Its prohibition constitutes a specific limitation of the Prophet’s statement, “Religion is sincere counsel.”
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The wisdom behind the prohibition is that when a resident sells the goods he raises the price for the townspeople, whereas if the merchandise remains with its owner, his ignorance of local prices keeps him from demanding the full value, thus easing matters for the buyers.
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Some scholars have restricted the prohibition with several conditions, the most important being that the desert-dweller has come intending to sell, that he is unaware of the market price, and that the people need the commodity.
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The prohibition of withholding milk in the udders of livestock prior to sale.
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This is forbidden because it involves deception and deluding the buyer; it is lying and devouring people’s wealth unlawfully. If one withholds the milk out of personal need or for a reason other than selling—and without harming the animal—it is permissible; otherwise it is unlawful.
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The sale itself is valid, for the Prophet said, “If he is pleased with it, he keeps it,” yet the buyer has the choice to keep or return the animal once he discovers the taṣriya, whether he learned of it before or after milking.
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This option lasts for three days from the moment he becomes aware of the taṣriya.
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The hadith shows that every sale tainted by deception is prohibited, and that the party deceived has the right of choice.