Is it permissible to intercept goods ('Talqee al-Jalb') outside the main marketplace?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

It is permissible to intercept goods when they reach the upper parts of the markets. This ruling is supported by the narration of Ibn Umar that the Prophet, peace be upon him, forbade intercepting goods until they had descended into the markets. Once the goods are within the market, they have entered the established place for buying and selling, thus falling outside the scope of the prohibition, similar to goods that have reached the middle of the market. The prohibition is derived from the Hadith narrated by Al-Bukhari concerning the Prophet's prohibition of receiving merchandise before it reaches the markets.