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The question

What is the interpretation of the narrated tradition from Umar ibn al-Khattab, may Allah be pleased with him: "But any merchant who brings goods on his camel's back, in winter or summer, that is Umar's guest; let him sell as he wishes and withhold as he wishes," and what is its degree of authenticity, given the preference of contemporary jurists for Abu Yusuf's view regarding the applicability of the ruling on hoarding to imported goods?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars stipulate that hoarding (ihtikar) involves acquiring goods through purchase, not by importing them. Therefore, there is no hoarding in goods brought from a market outside the city's market, or from a market from which the city habitually imports its food. Imam Malik narrated in Al-Muwatta that Umar ibn al-Khattab said: "There is no hoarding in our market... But any importer who brings goods, straining his back in winter and summer, that is the guest of Umar. Let him sell as Allah wills and withhold as Allah wills." So, whoever brings food by cultivating it himself or by importing it is not a hoarder, and he is not prevented from withholding it as he wishes. This is supported by the view of the majority of scholars.

Nevertheless, this does not contradict the permissibility for the Imam to order owners of goods to release and sell them if people are in dire need of them. This is one of the opinions transmitted from Imam Malik, where some scholars believe that the ruler has the right to compel hoarders to sell what they possess at market value when people are in dire need of it, in order to avert harm.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
114453
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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