The fourth is that something is shown by him that indicates satisfaction without explicit verbalization. The Qadi said: Bargaining is not forbidden. He mentioned that Ahmad explicitly stated this regarding betrothal, inferring from the hadith of Fatimah. This is also because the original principle is the permissibility of bargaining and proposing; therefore, that which contains explicit satisfaction is forbidden, while anything else remains upon the original principle. If it were argued that it is forbidden here, that would be a sound viewpoint, for the prohibition is general, and specific cases have been excluded from it by their respective proofs, so this case remains subject to the general implication. Furthermore, because a proof of satisfaction has been found from him, it is similar to if he had explicitly stated it; the difference in the evidence does not matter after there is equality in the indication. There is nothing in the hadith of Fatimah that indicates satisfaction, for she came seeking counsel from the Prophet (peace and blessings of Allah be upon him), and that is not evidence of satisfaction. How could she be satisfied when the Prophet (peace and blessings of Allah be upon him) had forbidden her by saying, "Do not let us miss out on you [i.e., do not commit yourself to anyone else without consulting us]"? She would not do anything before referring back to the Prophet (peace and blessings of Allah be upon him). The ruling regarding invalidity is like the ruling on selling over the sale of one's brother in the instance where we have ruled that it is forbidden.

Section: Al-talji'ah sale (sham sale/pro forma sale) is void. Abu Yusuf and Muhammad held this view. Abu Hanifah and al-Shafi'i said: It is valid, because the sale was completed with its pillars and conditions, free from any concurrent corrupting factor, so it is valid, just as if they had agreed upon a corrupt condition and then concluded the sale without that condition. Our evidence is that they did not intend the sale, so it is not valid from them, like those who are jesting. The meaning of a talji'ah sale is when someone fears that the ruler or another person might seize his property, so he conspires with a man to make it appear that he bought it from him, in order to seek protection through that, while they do not intend a real sale.

763 - Issue: He said: (If a resident sells for a nomad, the sale is invalid)

This is when a resident goes out to a nomad who has brought goods and informs him of the market price and says, "I will sell for you." The Prophet (peace and blessings of Allah be upon him) forbade this, saying, "Leave the people so that God may provide for some of them through others" (1). The 'nomad' here refers to anyone who enters the town from outside its inhabitants, whether he is a bedouin, or from a village, or another town. The Prophet (peace and blessings of Allah be upon him) forbade the resident from selling on his behalf. Ibn Abbas said: The Prophet (peace and blessings of Allah be upon him) forbade meeting the caravans [before they reach the market] and forbade a resident from selling for a nomad. He said: So I asked Ibn Abbas, "What is meant by his saying 'a resident selling for a nomad'?" He replied, "That he should not act as a broker for him." It is agreed upon (2). And from Jabir, he said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "A resident should not sell for a nomad; leave the people so that God may provide for some of them through others." Recorded by Muslim. Ibn Umar, Abu Hurayrah, and Anas also narrated it. The logic behind this is that when the nomad is left to sell his own goods, people buy them cheaply, and the price becomes expansive for them. When the resident takes over selling them and refuses to sell them except at the city's price, it becomes difficult for the people of the city. The Prophet (peace and blessings of Allah be upon him) pointed to this meaning in his justification. Among those who considered the resident selling for the nomad as disliked are Talhah ibn Ubayd Allah, Ibn Umar, Abu Hurayrah, Anas, Umar ibn Abd al-Aziz, Malik, al-Layth, and al-Shafi'i. Abu Ishaq ibn Shaqla reported, among his hearings, that al-Hasan ibn Ali al-Masri asked Ahmad about a resident selling for a nomad, and he said: There is no harm in it. He said to him: "What about the report that came with the prohibition?" He replied: "It was..."