The ruling on the condition of not selling in a specific area
Machine translationRead the Arabic original
The Shaykh : It can be applied. May Allah do you good, if Allah wills. Well, he asked me about it by phone at Abu Layla’s. Jaza’ and companions.
The questioner : Professor, I have a question. I agreed with a merchant, my professor, to purchase goods from outside the country, meaning from Japan. I was the reason for purchasing these goods. And I committed to taking a large quantity of these goods because I was the reason for purchasing them. On the condition that half of these goods are for me and half for you, or meaning the quantity you take is for the Zarqa area, the Zarqa region. After that, our professor came, a merchant from Zarqa, and they sold from these goods, of course, contrary to the agreement between me and him. I spoke with him.
The Shaykh : Meaning he sold his share of a kilo.
The questioner : He sold exactly what was his share for this man.
The Shaykh : Okay, what did you agree with him on?
The questioner : That I take half.
The Shaykh : We disagreed, it has a connection. So just let it be, he does not sell from Zarqa.
The questioner : Yes, meaning in case of necessity, if anyone needs it in case of necessity, we should consult our partner in Zarqa, or is there no need for them to consult me, meaning it is done? Is this explanation permissible?
The Shaykh : Meaning, is it permissible for him to sell in Zarqa when I have stipulated that he not sell?
The questioner : No, professor, I am prevented from adding the dish, this is the professor I want.
The Shaykh : Did you agree with him or not?
The questioner : I agreed with him. Okay. He does not want a wage.
The Shaykh : It is permissible, because you are seeking your own benefit. This is a matter of the lawful and the forbidden. As for the matter of excellence, it is not good, because this is like people who quarrel, where one opens, for example, a cloth shop, and another comes and opens next to him. If the second one intends to harm the first, of course, it is not permissible. If the first one prevents him from opening, there is something to it. Because provision is from Allah the Exalted, but we cannot say that it is forbidden.
The questioner : Meaning Abu Ahmad speaks once. I raised this matter, or I thought to myself, I said to him, were it not that you are our professor on this matter, meaning does it not fall under the category of hoarding, meaning he hoarded this thing, meaning?
The Shaykh : No, Shaykh, hoarding is not in a town or a village, but in a populated area where a person cannot bring the thing that is necessary. As for this thing, it is not necessary, because there are other types, meaning.
The questioner : The officer Abdul Kun.
The Shaykh : We do not hear of suction. Not everything that is hoarded falls under the category of hoarding.
The presenter : Welcome, welcome, may Allah keep you safe. Our professor, we have an appointment, if Allah wills. If there is, yes. In the name of Allah. There is no harm on you.
The questioner : Professor, I have a question. I agreed with a merchant, my professor, to purchase goods from outside the country, meaning from Japan. I was the reason for purchasing these goods. And I committed to taking a large quantity of these goods because I was the reason for purchasing them. On the condition that half of these goods are for me and half for you, or meaning the quantity you take is for the Zarqa area, the Zarqa region. After that, our professor came, a merchant from Zarqa, and they sold from these goods, of course, contrary to the agreement between me and him. I spoke with him.
The Shaykh : Meaning he sold his share of a kilo.
The questioner : He sold exactly what was his share for this man.
The Shaykh : Okay, what did you agree with him on?
The questioner : That I take half.
The Shaykh : We disagreed, it has a connection. So just let it be, he does not sell from Zarqa.
The questioner : Yes, meaning in case of necessity, if anyone needs it in case of necessity, we should consult our partner in Zarqa, or is there no need for them to consult me, meaning it is done? Is this explanation permissible?
The Shaykh : Meaning, is it permissible for him to sell in Zarqa when I have stipulated that he not sell?
The questioner : No, professor, I am prevented from adding the dish, this is the professor I want.
The Shaykh : Did you agree with him or not?
The questioner : I agreed with him. Okay. He does not want a wage.
The Shaykh : It is permissible, because you are seeking your own benefit. This is a matter of the lawful and the forbidden. As for the matter of excellence, it is not good, because this is like people who quarrel, where one opens, for example, a cloth shop, and another comes and opens next to him. If the second one intends to harm the first, of course, it is not permissible. If the first one prevents him from opening, there is something to it. Because provision is from Allah the Exalted, but we cannot say that it is forbidden.
The questioner : Meaning Abu Ahmad speaks once. I raised this matter, or I thought to myself, I said to him, were it not that you are our professor on this matter, meaning does it not fall under the category of hoarding, meaning he hoarded this thing, meaning?
The Shaykh : No, Shaykh, hoarding is not in a town or a village, but in a populated area where a person cannot bring the thing that is necessary. As for this thing, it is not necessary, because there are other types, meaning.
The questioner : The officer Abdul Kun.
The Shaykh : We do not hear of suction. Not everything that is hoarded falls under the category of hoarding.
The presenter : Welcome, welcome, may Allah keep you safe. Our professor, we have an appointment, if Allah wills. If there is, yes. In the name of Allah. There is no harm on you.
Source
سلسلة الهدى والنور، رقم 1327 في قناة «عسجد المعاني للإمام الألباني» — youtube.com (2:01)
The Arabic text is a machine transcription of the audio recording.