Praise be to Allaah.
refers to mediation between the seller and the buyer. The broker is the one
who mediates between the seller and the buyer to bring about a sale, and he
guides the buyer to the product and he guides the seller on prices.
End quote, from al-Mawsoo’ah al-Fiqhiyyah, 10/151
People have a great need
for brokers, because many people do not know how to bargain when buying and
selling; others are not able to closely examine the things they buy to find
out if there are any faults in them; and others do not have time to engage
directly in buying and selling themselves.
Hence brokerage is useful work which benefits the seller, the
buyer and the broker.
It is essential for the broker to be experienced in the area
where he is mediating between sellers and buyers, so that no one will be
harmed by his claim to have knowledge and experience that he does not have.
He must also be trustworthy and honest, and he should not
favour one of them at the expense of the other; rather he must point out any
faults in the goods as well as any good qualities, in an honest and truthful
manner, and not deceive either the seller or the buyer.
A number of scholars have stated that it is permissible to
work as a broker and to receive payment for it.
Imam Maalik (may Allaah have mercy on him) was asked about
the payment of a broker and he said: There is nothing wrong with it.
Imam al-Bukhaari said in his Saheeh:
Chapter on the wages of a
broker: Ibn Sireen, ‘Ata’, Ibraaheem and al-Hasan did not see anything wrong
with the wages of a broker.
Ibn ‘Abbaas said: There is nothing wrong with saying, “Sell
this garment and whatever there is above such and such a price is yours.”
Ibn Sireen said: If he says, “Sell if for such and such and
whatever profit there is, is yours, or is shared between you and me,” there
is nothing wrong with that.
The Prophet (peace and blessings of Allaah be upon him)
said: “The Muslims are bound by their conditions.”
End quote from Imam al-Bukhaari.
Ibn Qudaamah said in al-Mughni (8/42):
It is permissible to hire
a broker to buy clothes for you. Ibn Sireen, ‘Ata’ and al-Nakha’i said that
this is allowed.
It is permissible to hire him for a stated period, such as
hiring him for ten days, during which he is to buy for you, because the time
is defined and the work is defined… If the work is specified but the time is
not, but he says that he will have a certain amount for each thousand
dirhams, that is also valid.
If he says that he is hiring him to sell certain clothes for
him, that is valid, as was stated by al-Shaafa’i, because that is
permissible and it is permissible to delegate someone to do that and it is
permissible to hire him for that, like selling clothes.
The Standing Committee was asked about the owner of a
bookshop who worked as an agent for some companies in marketing their
products, where they send him a sample which he shows to the traders in the
marketplace, and sells it at the company’s price in return for a commission
agreed upon with the company. Is there any sin involved in that?
If the situation is as described, it is permissible for you
to take that commission, and there is no sin on you. End quote.
Fataawa al-Lajnah al-Daa’imah,
Shaykh Ibn Baaz was asked
about the ruling on looking for a store or apartment to rent in return for a
payment given by the one on whose behalf you are looking.
There is nothing wrong
with that. You have to try hard to find a suitable place that the person
wants to rent. If you help him in that and find him a suitable place, and
you help him to reach an agreement on the rent with the landlord, there is
nothing wrong with this, in sha Allaah, subject to the condition that there
is no betrayal or cheating, and it is done in an honest manner. If you are
sincere and fulfil the trust in finding what is wanted without any deceit or
wrongdoing either towards him or towards the property owner, then you have
done well in sha Allaah. End quote.
Fataawa al-Shaykh Ibn Baaz,