A yiujfulman
is not allowed
to pay his
debts by the
fale of wine;
b u ta -C b r iflia n
may pay his
debts in this
manner.
It is abominable
to monopolize
the
neceffaries o f
life ;. or to
foreftall the
market:
If a MuMman, involved in debt, M l B wine, it is abominable
in his creditor to receive payment in the money fo obtained;
whereas, if the debtor were a Chrijiian, it would be allowable fo to
do. T h e reafon of this diftinaion is, that in the former mftance the
fale was invalid, as wine is not valuable to Mujfulmans, and the price
of it being'therefore the property o f the purchafef, cannot be lawfully
received in payment. In the latter inftance, on the contrary, the
fale was lawful, wine being a valuable commodity amongft Chriftians;
and as, confequently, the price of it is the property of the feller, the
difcharge of a debt from fuch price is lawful.
I t is abominable to monopolize * the neceffaries of life, and food
for cattle, in a city where fuch monopoly M likely to prove detrimental.
So likewife is it abominable to foreftall + ; as where people
leave a city to meet a caravan with a view to purchafe-goods and lay
them up. T h is , however, is immaterial, when it tends not to'the
injury o f any ohe. T h e argument, in this cafe, is a tradition of‘the
prophet, who faid 1 Blejfed is the JAl ib , and accurfed ts the mono-
“ polizer” (By Jdlib is to be underftood a merchant who brings
camels, goats, and fo forth, for fale.) Another argument is, that
grain is connefted with the rights of every one, whence the withholding
it from fale is an invafion of the general rights of mankind,
and an°occafion of fcarcity in their neceffary food. Such an a& is
therefore abominable where the effeds of it are extended to the people;
as is the cafe when the monopoly is made in admail city. It is Other-
wife, however, where it carries not along with it any fenfible detriment
to the people, as where it is done in a large city. T h e law is
fimilar in' the cafe offoreftalling. The learned, however, remark’that
* Arab. ‘Ibt'dd r. It is explained in'-fhe' text ‘to ttgnify," in its literal- fehfe, the laying
up of anything; and-in the; language-*/the v K w , '* * purohafuag of «ram,- or dther.ne-
ceftaries of life,: and keeping them up with a view to enhance the price.
f Arab. Talakkee. this
this is' vyhere the purchafers neither conceal from the merchants the
price current of the market, nor deceive them in i t ; for i f they either
conceal or deceive them in the eftablifhed prices, the anticipation of
the market is in fuch cafe abominable, whether it he hurtful in its
confequences or otherwife. Thp reftridjtion of tire term Ihti^dr, or
monopoly, to the neceflaries of life and the food of animals is according
to Haneefa, Aboo Yoofaflws faid tfiat the boarding o f any thing,
the detention of which from circulation produces bad confequences,
although it be fuch articles as gold, fdver, or cloth, comes equally
within the definition of a monopoly. It is reported from Mohammed>
on the contrary, that the withholding of cloth from the market d°e?
not .conftitute a monopoly. It therefore appears that, according to
Aboo Yoofqf, -regard is paid to the aSlual detriment jn determining the
monopoly, as that is the caufe o f its being abominated; whereas, according
to Haneefa, regard is paid to the particular detriment. Der
crees pals according to the latter opinion. It is to be obferved th at,,
i f the period of detention be fhort, it is not a monopoly, as not being
then attended with any detriment. If, on the contrary, the period
be long, it becomes an abominable monopoly, as it then induces detriment.
Some have faid that by a long period is to be underftood at
leaf! forty days, becaufe o f a faying of the prophet, “ Verily, whofo-
“ ever hoards vidluals fo r the fpace o f forty days is at variance with
“ G od, and G od is at variance with him." Others have faid that a
month is a long fpace, and that any time lefs is a Jhort fpace; and that
the degree o f guilt rifes in proportion to the neceffities of the people,
and -the effeft of the monopoly in producing a famine. Others,
again have faid, that although there be a fixed period for rendering it
punifhable in this world, ftill it is criminal, however lhort the period
may be. In lhort, it is not good to trade * in grain, or commodities
o f that nature,
* By trading is not here to be underftood fnnp’e purchafe snd fale> bttf the ufual practice
of merchants in keeping up their commodities, and watching the Mrns of the market,
tn order to fell to the greateft advantage.
I f