Fatwas and legal rulings

Merchants who monopolize goods and sell them at double the price; They justify this by giving alms over the increase in price to the poor as sinners, and what they do is prohibited by Sharia, whether he will donate part of the price or not. As for the one who buys from this seller when there is no necessity for that, or if there is another way to buy or there is another commodity that takes its place, then by this act he has provided assistance in violating the orders of God Almighty and has committed a prohibited and sinful act. He finds another way to buy it, so he is compelled to do so, and he is not blamed for it, and the sin is on the seller only. the details .... The basic principle in selling is that it is permissible and permissible. And that is because of the Almighty’s saying: “And God has permitted trade and forbidden usury” [Al-Baqarah: 275], except for what the Lawgiver has prohibited from some practices that may harm the interests of those involved; Among those practices is “monopoly”, which is the imprisonment of everything that harms the public; This is by buying goods and locking them up, so that they become less among the people, so the seller raises their price in order to take advantage of their scarcity, and people suffer because of that harm, which the Lawgiver has forbidden and forbidden; The Prophet, may God’s prayers and peace be upon him and his family, said: “No one can monopolize but a sinner.” Narrated by Imam Ahmad in his “Musnad,” Muslim in his “Sahih,” and Abu Dawood and al-Tirmidhi - and his authenticity - and Ibn Majah and al-Darimi in “Sunanm,” and al-Bayhaqi in “Sunan al-Kubra.” "People of Faith". In the hadith of Abu Umamah, may God be pleased with him, he said: “The Messenger of God, may God bless him and his family and grant them peace, forbade the monopolization of food.” Al-Bayhaqi included it in “Al-Sunan.” And on the authority of Abu Hurairah, may God be pleased with him, he said: The Messenger of God, may God’s prayers and peace be upon him and his family, said: “Whoever monopolizes a monopoly, he wants to exaggerate with it, and the judge will take out his uncle.” وعن معقل بن يسار رضي الله عنه قال: سَمِعْتُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وآله وَسَلَّمَ يَقُولُ: «مَنْ دَخَلَ فِي شَيْءٍ مِنْ أَسْعَارِ الْمُسْلِمِينَ لِيُغْلِيَهُ عَلَيْهِمْ، فَإِنَّ حَقًّا عَلَى اللهِ أَنْ يُقْعِدَهُ بِعُظْمٍ مِنَ النَّارِ يَوْمَ الْقِيَامَةِ» أخرجه أحمد، والحاكم، والبيهقي، والطبراني . The majority of jurists have interpreted these and other hadiths as being forbidden, and the most informative hadiths regarding the prohibition of monopoly are the hadith of Muammar, may God be pleased with him. It contained the negative form; This is in his saying: “He does not monopolize.” He denied monopoly on everyone except the sinner, and also included the meaning of the prohibition, so he combined the negation and the prohibition, and this is more eloquent in the prohibition than the prohibition alone, and it means that no one should do this, and the sinner - with a hamz as in the hadith - He is the sinful sinner. Imam al-Nawawi al-Shafi’i said in “Sharh al-Nawawi on Muslim” (11/43, i. Dar Ihya al-Turath al-Arabi): [The people of the language said: The one who is wrong with the hamz is the sinner, and this hadith is explicit in the prohibition of monopoly] ah. After quoting the hadiths of monopoly in “Nil al-Awtar” (5/603, Dar al-Hadith, Egypt), Imam al-Shawkani said: [There is no doubt that the hadiths of the chapter, in their entirety, rise to infer the impermissibility of monopoly, even if it is assumed that none of them is proven in the Sahih, so how and the hadith of Muammar mentioned in Sahih Muslim, and declaring that the monopolist is wrong is sufficient to state that it is not permissible.] But this prohibition is only proven with conditions, the jurists almost agree on three of them, which are: buying at the time of high prices, and what is meant by buying is to buy a commodity that is in the country, imprisonment with the apprehension of high prices, and causing harm to people as a result of imprisonment - see: “Bada’i al-Sana’a” by Imam al-Kasani al-Hanafi (5/ 129, i. Dar al-Kutub al-Ilmiyya), “The Talents of the Galilee” by Imam al-Hattab (4/227, i. Dar al-Fikr), and “Asna al-Matalib” by Sheikh Zakaria al-Ansari al-Shafi’i (2/37, i. Dar al-Kitab al-Islami) And “Al-Mughni” (4/167, i. Cairo Library) - if one of these three is defective, then it is not a monopoly. This previous prohibition of monopoly includes all that people need in their livelihood without limiting it to food. Because the reason for the prohibition here is harming people, and it is realized in everything they need, and their livelihood is not supported without it. Knowing the Sunnahs and Athars” (8/ 206, i. Dar Al-Wa’i - Aleppo) after mentioning the hadith of Muammar, may God be pleased with him, “Whoever monopolizes is a sinner”; He said: [He only wanted - and God knows best - if he monopolizes people's food that would be harmful to them rather than what is not harmful in it.] Harm is a common meaning between the rank of necessity and need. If monopoly brings people to the rank of necessity or need, then this is the forbidden monopoly, which is achieved by monopolizing anything and not relating to food alone. This is because the difference of jurists regarding the issue of monopoly is only a disagreement in the form - that is: a verbal disagreement -. According to the Malikis, monopoly is in everything; Whether in food or other, even if it is gold and silver, which is the saying of Abu Yusuf from the Hanafi school, and the Shafi’is and Hanbalis said that it is specific to food only, and it is the fatwa according to the Hanafis, and the Hanbalis singled out sustenance with the food of humans, so they have no monopoly in the food of animals. See: “Al-Nayah Sharh Al-Hidaya” by Imam Shams Al-Din Al-Babarti Al-Hanafi (10/58, Dar Al-Fikr), “Al-Bayan and Al-Tahseel” by Ibn Rushd Al-Maliki (7/360, i. Dar Al-Gharb Al-Islami), “Nahayat Al-Muhghaj” by Imam Shams Al-Din Al-Ramli Al-Shafi’i (3/472, i. Dar al-Fikr), “The Creator in Sharh al-Muqni’” by Imam Burhan al-Din Ibn Muflih al-Hanbali (4/47, i. al-Kutub al-Ilmiyya). But those who say that he specializes in sustenance stipulated that people in the prison - and by that we mean other than sustenance - should not have a necessity, which means that it is not permissible when people are forced or need a monopolized thing. And they were not forced to buy it, as there is no monopoly in it, even if the seller imprisoned it and its price increased. and merchants who sell goods while