Question:
Generally there is a custom in many cities that, in a certain area, only one particular person has the right to distribute merchandise in that area. No other person has the right to sell those products in that area. Another person wishes to purchase that ‘right of supply’ from the former so that he can supply his merchandise in that area. Is it permissible for the first person to sell the second one this right in exchange for a fixed price? Will it be permissible for the first person to take that money? Can one make analogy of this sale on the sale of the right to supply water (حق الشرب)?
Clarification: حامدا ومصليا ومسلما
One issue needs to be clarified in your question. How does this particular person acquire the right to supply merchandise in a specific area? Is it the products of a particular company who gave that person the right to supply? Is it on a governmental level where the law is that the person has to obtain a license, and the government issued him one? Please clarify the case as it is.
(Hazrat Mufti) Ahmed Khanpuri 12/Rajab Murajjab 1412 (May Allah preserve him.)
Answer to the Clarification:
Respected Mufti sahib (May your honour be increased),
After Masnoon Salams. In the above asked question this right that the person holds is based on the customs of the people. This customs is not found in all cities. It is only in a few cities. Other than that, this right which he holds is not due to any governmental license nor is the merchandise a product of any particular company.
Answer: حامدا ومصليا ومسلما
It is not permissible to sell the above right or receive any pay for it. And the reason one cannot make analogy on the ‘right to supply water’ is because it is connected to a tangible thing, and the later Hanafi Scholars gave the permission to sell it due to the customs. However the right mentioned in the above question is not connected to any tangible property.
And Allah Ta’ala knows best.
(Hazrat Mufti) Ahmed Khanpuri … Rajab Murajjab 1412 (May Allah preserve him.)
The answer is correct.
(Mufti) Abbas Dawud Bismillah (May Allah preserve him.)
Mahmoodul Fatawa Vol.5 Pg.419-420
