p f B o o k X L IV .
but a perfon
may monopolize
the
product of his
own grounds,
or what he
brings from a
diftant place.
Sovereigns
jnuft not fix
prices,
except in
cafes of necef-
lity.
A monopolizer,
upon
information,
mud be required
to fell
his fuperflu-
ousprovifions.
a b o m i n a t i o n s .
If a perfon fhould hoard a quantity of grain, being the product of
his own cultivation, or which he had brought from another city, in
either of thefe cafes it is not deemed an abominable monopoly:— it is
not fo in the firft cafe, becaufe fuch produft being an unmixed right
of his own, without any relation to that of other people, he istheie-
fore permitted to hoard it up; and in the fame manner as it is lawful
for him not to cultivate the feed, fo is it lawful for him not to fell the
product:— nor is it fo in the fecond cafe, according to the opinion o f
Haneefa, the reafon in fupport of which is, that the rights of the
people extend only to what is collected in the city, or what is brought
thithfer from its dependances. Aboo Toofaf, on the contrary, deems
this practice abominable, becaufe the tradition recorded on this head
is abfelute. Mohammed, alfo, has faid that every place from which
grain is frequently brought to a particular city may be deemed a de-
pendancy of it; and that a monopoly of whatever maybe brought
from fuch places is forbidden, as the rights o f the people are connected
with it. It is otherwife, however, where goods are brought from
a difant place, fuch as it is not cuftomary to bring them from ; fince
in that cafe the rights of the community are not concerned.
I t is not the duty o f fovereigns to eftablifh fixed prices to be paid
by the community; becaufe the prophet has forbidden this, faying
“ Ejlab/ijh not prices, as thefe are regulated by G o d .” Befides, the
price is the right of the merchant, and the meafure of it is therefore
left to him; and fovereigns are not entitled to invade any fuch right,
except where the welfare of the community is concerned, as lhall
prefently be made' appear.
If a perfon guilty of a monopoly be brought before the Kdzee, he
mull direa him° to fell whatever he may have laid up more than is
amply fufficient for the fubfiftence of himfelf and family, and mull
prohibit him from the like pradice in future;— and if, after this,.he
r fhould
B o o k X L IV . A B O M I N A T I O N S .
fhould again monopolize, the Kdzee may then chaftife him at his own
difcretion.
If vi&uallers, taking advantage of the neceffity o f the people,
raife the market to an exorbitant rate,, and the Kdzee be otherwife unable
to maintain the rights of the people, he may in that cafe regulate,
the prices, with the affiftance of men of ability and difcernment.
Not with ftanding this,, however, i f they fhould continue to fell their
o-rain at a rate exceeding the fixed flandard, the Kazee n u ll confirm
the fale, nor has he the power of annulling it. This, according to
Haneefa, is evident; for he holds it unlawful to inhibit a freeman in
this refpeft ;— and fo likewife, according to the two difeiples, unlefs
the inhibition affeft only feme particular people, fince (agieeably to
their tenets) inhibition is not allowed where it is indefinite.
l s it lawful for a Kdzee to fell the grain of a monopolizer without
his confent ?— Some fay that upon this point there is a diverfity of
opinion, in the- fame manner as in the cafe of felling the effeas of a
debtor;_whilft others maintain that it is lawful in the opinion of all
our doaors, becaufe Haneefa holds it juft to inhibit a freeman, with
a view to removing a common evil, as is the cafe in the prefent
inftance.
I t is abominable to fell arms in the time of fedition to a perfen
whom the feller knows to be a rebel, as this is a caufe of evil. If,
however, the feller fhould not know the purchafer to be engaged
in the rebellion, he may then without blame fell arms to him.
T h e r e is no impropriety in felling the juice o f dates.or grapes to a
perfon whom the feller may know intends making wine of i t ; for the
evil does not exift in the juice, but in the liquor, after it has been ef-
fentially changed. T h e cafe is different with refpeft to felling arms
at
A combination
to raife
the price of
proviiions
muft be re-
mediedby the
magiftrate
fixing a rate.
Arms muft
not be fold to
feditious per-
fons.
The crude
juice of fruit
may be fold
for the pur-
pofe of
makingwine.