What is the ruling if a person in dire need finds food in the possession of its owner who refuses to give or sell it at its fair price, and the needy person possesses the money?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If a person in dire need finds food with its owner, but the owner refuses to give or sell it, and the needy person possesses the money, it is not lawful for the needy person to use force or coercion to take it and then turn to eating carrion. This holds true whether the needy person is strong enough to overpower the owner or not. If the owner offers the food at its fair price and the needy person is able to pay, they must purchase and consume the lawful food, as they are capable of obtaining lawful sustenance. If the owner demands an amount exceeding the fair price, but this excess does not constitute an oppressive burden on the needy person's wealth, the needy person is still obligated to purchase it based on the established principle.
Supporting text
If the owner refuses to release the food except for an amount exceeding the fair price, the needy person is not obligated to pay the excess, as this extra demand is itself an unjustified imposition requiring justification, thus rendering it unenforceable, similar to a situation involving duress. If the needy person is unable to afford even the fair price, they are considered the same as one who possesses nothing.