Stipulating A Restraint Of Trade On A Supplier
Question
Is it permissible for a trader to inform a supplier that he deals to not give the same items to other traders in that immediate area as the competition with prices creates undue animosity amongst traders, therefore he would buy from an alternate supplier or if this supplier chooses not to give anyone else close by the same items then the trader would buy from him, is this Jaaiz?
Answer
If such a condition that is not amongst the demands of a transaction is stipulated for the benefit of any of the transacting parties (the buyer or the seller), it will invalidate the transaction. If the trader wants to buy from a supplier, he may do so without stipulating the condition of the supplier selling his products only to him (the trader).
References (Arabic / Urdu sources)
رد الحتار ج١٤ ص٦٥٦ دار الثقافة و التراث
الهداية مع فتح القدير ج٦ ص٧٧ رشيدية
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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