Hoarding and Selling Purchased Goods: Shar‘i Ruling and Evidences
Source:
Ahkam wa Masail, Masail of Buying and Selling, Vol. 1, Page 378Clarification of the Issue of Hoarding
Summary of the Question:
The questioner has requested clarification on two important issues:
➊ The reality of hoarding (Ihtikār), its ruling, and the various conditions of its permissibility or prohibition, along with evidences.
➋ Explanation of the permissibility or prohibition of selling purchased goods at the same place, with reference to the Hadith of the Prophet ﷺ.
(1) Hoarding: Definition and Shar‘i Ruling
◉ Definition of Hoarding
In the Arabic language, Ihtikār refers to a specific type of hoarding.
In the famous lexicon al-Qāmūs it is defined as:
«وَبِالتَّحْرِيْکِ مَا احْتُکِرَ اَیْ احْتُبِسَ اِنْتِظَارًا لِغَلاَئِهِ»
Meaning: “Ihtikār is when something is withheld in order to wait for its price to rise.”
Thus, the intended meaning of hoarding is to withhold goods only for the sake of inflating prices.
◉ Prohibition of Hoarding
In the Hadith, Ihtikār has been strongly prohibited.
Several narrations have been reported in this regard:
- Some narrations mention only food (ṭaʿām).
- Others mention prohibition in general terms, without restriction, thereby forbidding hoarding of any commodity.
Imam al-Shawkānī رحمه الله said:
“The Hadith mentioning ‘food’ is merely citing a specific example, not restricting the ruling to that alone.”
This means that even though some narrations specify food, the prohibition applies to everything that is hoarded with the intention of inflating its price.
◉ Is the Ruling of Hoarding Limited to Times of Famine?
Some scholars are of the opinion that the prohibition of hoarding is specific to times of famine.
However, according to Shar‘i principles:
- When the Prophet ﷺ issues a ruling in absolute terms, it remains upon its generality unless there is clear evidence restricting it.
Therefore:
✿ Since the Prophet ﷺ prohibited hoarding in absolute terms, the ruling applies in all circumstances.
✿ It is not permissible to restrict this general ruling based on reasoning or analogy.
✿ Unless there is a clear Shar‘i proof, the prohibition cannot be limited to famine alone.
◉ Attributing Hoarding to Some Companions (رضي الله عنهم)
Some narrations suggest that certain Companions (RA) engaged in what appeared to be hoarding, while they themselves narrated Hadith regarding its prohibition.
Such reports need correct understanding:
✿ If indeed their actions fall under the definition of hoarding, then it would be a matter of their individual ijtihād, which does not override the general ruling of the Prophet ﷺ.
✿ Or, it could be that their actions did not actually constitute hoarding, as some scholars have explained.
(2) Selling Purchased Goods at the Same Place
◉ Hadith of the Prophet ﷺ
The Prophet ﷺ said:
“Do not sell goods where they were purchased.”
Meaning: It is prohibited to resell goods at the very place where they were bought.
◉ Meaning of the Hadith
The Hadith indicates that:
✿ Once a person purchases an item, it must first be moved before it can be resold.
✿ Whether he moves it to:
- his home,
- his own shop,
- or another shop.
◉ Establishing Possession (Qabd)
Some scholars hold that the real objective is the establishment of possession (qabd).
- If the seller departs after selling and the buyer takes delivery, possession is established.
- However:
✿ Merely symbolic or customary possession is not sufficient; Shar‘i possession is required.
✿ One of the conditions of Shar‘i possession is that the goods must be transferred from the place of purchase.
✿ This principle is supported by multiple Ahadith and juristic rules.
◉ Practical Example
If a person buys goods from a market stall:
✿ He cannot sell them at that very stall.
✿ Instead, he must first move them to:
- his home,
- his shop,
- or another location.
If another trader buys them, he too must move them elsewhere before reselling.
- Moving the goods just a few feet does not fulfill this requirement unless a clear transfer of possession occurs.
Therefore, the Prophet’s ﷺ command must be followed both outwardly and practically. It is insufficient to rely merely on customary practice.
Conclusion
✿ Hoarding means withholding goods to cause an increase in price.
✿ Its prohibition is absolute in the Hadith, not limited to famine.
✿ The generality of the Prophet’s ﷺ ruling cannot be restricted without clear evidence.
✿ Selling purchased goods at the same place is not allowed; they must be transferred first to establish valid Shar‘i possession.
والله أعلم بالصواب
