What is the legal ruling on intercepting arriving merchants (*talqqi al-jallab* or *talaqqi al-rukbaan*)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The interception of arriving merchants before they reach the market and purchasing their goods is disliked (*makruh*) by the majority of scholars, including Umar bin Abd al-Aziz, Malik, Al-Layth, Al-Awza'i, Al-Shafi'i, and Ishaq. This prohibition is based on the Prophet's statement: "Do not intercept the arriving caravans, and let no townsman sell on behalf of a nomad (or desert dweller)." (Narration from Tawus via Ibn Abbas, and similarly from Abu Hurayrah, agreed upon by Bukhari and Muslim). The prohibition aims to prevent the potential harm caused to the arriving merchant who might be significantly underpaid (غبن), or harm caused to the townspeople who might face higher prices later when the interceptor withholds the goods.
Supporting text
Abu Hanifa reportedly saw no issue with this practice. However, the more correct view is that the sale remains valid even if the prohibition is violated. This is supported by the narration of Abu Hurayrah stating that the Prophet, peace be upon him, said regarding one who intercepts the caravan and buys from them: "When he comes to the market, he has the option [to rescind the sale]" (reported by Muslim). The existence of the option (*khiyar*) implies the contract itself is valid, as the option only applies to valid contracts. The reason for the prohibition is a matter of deception that can be rectified by granting the seller the option, akin to the sale of *al-misrat* (a tricked sale).