An Agent Taking An Agreed Commission On An Unstipulated Selling Price
Question
A asks B to sell an item for him. He doesn’t mention how much he should sell it for. They agree that whatever amount it is sold for, B will get a 10% commission out of it. Is this permissible?
Answer
A asks B to sell an item but doesn’t mention how much he should sell it for. However, A agrees that person B will get a 10% commission on the sale of the item. This is also permissible because it is permitted to pay or take a commission in the form of percentage from the sale of an item.
References (Arabic / Urdu sources)
Shaami Vol.6 Pg.63
Shaami Vol.6 Pg.47
Ahsanul Fataawa Vol.7 Pg.274
Ahsanul Fataawa Vol.7 Pg.273
Fataawa Haqaniya Vol.6 Pg.144
Fataawa Mahmoodiyya Vol.23 Pg.386 (New Farooqiyah)
Imdaadul Ahkaam Vol.3 Pg.589
Fataawa Mahmoodiyya Vol.24 Pg.219 (Meerut)
Fataawa Mahmoodiyya Vol.24 Pg.218 (Meerut)
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/an-agent-taking-an-agreed-commission-on-an-unstipulated-selling-price/14895/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-14895
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