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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A Difficulty: If the market is not exclusive to the seller and he leaves after his sale, is it permissible for the buyer to sell in it?

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The Shaykh : But I still have a difficulty, so let us look at its solution: If this market is not exclusive to the seller, but is a public market, and the seller unloads the cargo and then leaves, and then the buyer comes to sell it one by one, where does this occur? In the vegetable market. A truck arrives loaded with crates, they are sold and unloaded, and the seller leaves. Then the buyer takes them and sells them one by one. Do we say that this falls under the hadith? Or do we say that this place is public, as evidenced by the fact that the seller has left it?
If we say the latter, the hadith says: "in the market," but in a different wording, it says: "at the top of the market." It appears to me that there is no harm in selling in this place, because this place is not exclusive to the seller, but is a public place, and the seller has also completely relinquished it and left. Yes, if the seller were present, and he saw that I bought a basket or a carton from him for ten and sold it for twenty, he might be jealous, but he would leave and not care about this matter. So it appears to me that there is nothing wrong with this, if Allah wills, and this is what people are currently doing. Yes, Adam.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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