Is a traveler permitted to purchase goods from an incoming caravan if the traveler did not intentionally set out to intercept them (Talaqqi)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
One legal opinion, attributed to the judge (Al-Qadi) and one view among the companions of Al-Shafi'i, holds that it is forbidden for the traveler to buy from or purchase from the incoming caravan if the traveler did not intend to intercept them (Talaqqi). The basis for this prohibition is to prevent deception and unfair price manipulation (Ghabn) against the incoming party. This danger of deception exists whether the traveler intended the interception or not, thus the prohibition must apply universally.
Supporting text
An alternative view, held by Al-Layth ibn Sa'd, suggests that such a transaction is permissible (not forbidden) because the prohibition is specifically targeted at the act of intentional interception (Talaqqi), and since this element was absent, the prohibition does not apply.