What is the ruling on selling goods to travelers met outside the city (Talaqqi ar-Rukban)?

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

When one receives travelers met outside the city (Talaqqi ar-Rukban) and sells goods to them, the ruling is equivalent to buying from them. The travelers retain the option to revoke the sale (Khiyar) if they were significantly defrauded beyond the customary limits. This is held by one view among the associates of Imam al-Shafi'i. The primary evidence is the Prophet's saying, 'Do not intercept the riders (Talaqqi ar-Rukban).' The seller is included within this prohibition. The rationale for the prohibition is to prevent deceit and gross overpricing (ghabn), which applies equally to selling as it does to buying, and the Hadith is stated absolutely (mutlaq), implying it covers both transactions.

Supporting text

Another view among the associates of Imam al-Shafi'i restricts the ruling only to buying, asserting that the prohibition mentioned in the Hadith does not encompass selling. This is consistent with the position of the associates of Imam Malik, who base their ruling on the specific reason that the prohibition is directed against the act of purchasing from them, a condition not met in the act of selling to them.