What constitutes illicit hoarding (Ihtikar) subject to prohibition?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Illicit hoarding requires the convergence of three conditions. First, the action must be purchasing goods for hoarding, not bringing goods from outside (jalb) or using one's own produce. Al-Hasan, Malik, and Al-Awza'i support this, arguing that the bringer ('jalib') is provided for and not subject to the curse applied to the hoarder, as the bringer benefits the populace by preventing scarcity. Second, the purchased item must be staple food ('qut'). Hoarding in items such as condiments ('idam'), sweets, honey, oil, or animal fodder is not illicitly prohibited. Imam Ahmad stated that hoarding is restricted to vital centers like the Two Holy Sanctuaries (Makkah and Madinah) and border garrisons ('thughur'). Third, the purchase must cause scarcity for the people. This scarcity occurs either when the market is inherently restricted, like the Haramayn or Thughur, or when hoarding occurs during a time of existing hardship, such as large merchants buying up an entire caravan upon arrival, thus restricting supply to the general populace.
Supporting text
If the populace is in a wide and resourceful city like Baghdad, Basra, or Egypt, hoarding is generally not considered prohibited because it rarely has a discernible effect. Furthermore, purchasing goods during times of abundance and low prices, without causing any restriction to others, is not prohibited.