Is it permissible for a resident ('Hadiri') to sell goods on behalf of a newcomer ('Badi')?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The prohibition against a resident selling on behalf of a newcomer is established. The Prophet (peace be upon him) forbade this, stating, "Leave people so that Allah may provide for some from others." Ibn Abbas narrated that the Prophet forbade receiving caravans and a resident selling for a newcomer. The rationale is that if the newcomer is left to sell their goods, the people purchase them cheaply, which widens the price for them. If the resident handles the sale and refuses to sell except at the city price, it constricts the people of the city. The ruling is held by Talha ibn Ubayd Allah, Ibn Umar, Abu Hurayrah, Anas, Umar ibn Abd al-Aziz, Malik, and Al-Layth.
Supporting text
There is an opinion, attributed to Al-Hasan ibn Ali al-Misri via Ahmad ibn Hanbal, stating there is no issue with it, suggesting the prohibition was specific to the beginning of Islam when people faced hardship. This view is also attributed to Mujahid, Abu Hanifa, and his companions. Another opinion transmitted from Ahmad states the sale is valid, which aligns with Al-Shafi'i, based on the reasoning that the prohibition targets an issue external to the core transaction (the underlying meaning is not found in the sale itself).