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The Sayings Of Scholars On Selling Something For A Price Higher Than That Specified By The Owner

Nigeria Student Forum / Books/Literature/Writing / Muslim's Forum / The Sayings Of Scholars On Selling Something For A Price Higher Than That Specified By The Owner (35) Views

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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

I am a partner in a real estate property. A
friend of mine wanted to buy an apartment
that belongs to my partner. I agreed with my
partner on a certain price for the apartment.
Is it permissible for me to charge my friend
a higher price and take the difference as a
commission?

Answer

All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad,
sallallaahu 'alyhi wa sallam, is His slave and
Messenger.
This deal has two possible manifestations:

First: The owner asks you to sell the
apartment for a defined price, and then you
sell it for a higher price. In this case, the
price and the extra amount must be given to
the owner, because the extra money is a
return generated by his property. The broker
deserves nothing but a fee. If the seller
wants to give him the extra money as a fee,
then it is permissible.

Second: The owner asks you to sell the
apartment for a definite price and tells you
to take the extra money (charged by you).
Scholars have differed whether this deal is
valid, and thus the agent deserves the extra
money, or the deal is not valid and thus the
agent deserves nothing but a fee.
Ibn ‘Abbaas, may Allah be pleased with him
and his father, deemed this second type of
deal to be valid and thus the agent is entitled
to the extra money. None of the Companions
opposed Ibn ‘Abbaas, may Allah be pleased
with them all, as indicated by Ibn Hazm, Ibn
Qudaamah and other scholars .

This opinion was favored by Imaam Ahmad
. It is also preponderant, Allah willing,
based on the aforementioned Fatwa of Ibn
‘Abbaas, may Allah be pleased with him and
his father, the lack of opposition to this from
the Companions, may Allah be pleased with
them, and because such contracts are
basically permissible unless they involve
interest or uncertainty.
Other scholars hold this contract to be
invalid and thus the agent only deserves the
market fee.

Allah Knows best.

www.islamweb.net/en/article/171445/the-sayings-of-scholars-on-selling-something-for-a-price-higher-than-that-specified-by-the-owner

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