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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on taking a fee on the head of sheep in a sale by agency

Machine translationRead the Arabic original
The questioner : And if the house is nearby and someone is with him, he returns with him to the house and gathers there with him.

The Shaykh : And Imam al-Shafi'i has a good discussion on this specific matter in his book al-Umm, in the first volume, in the chapter on congregation. He said to a friend of his: "Will you buy me one hundred heads of sheep?" Meaning, he is the merchant who does not have them to buy. Okay, buy me one hundred heads of sheep, I will trade in them and I will pay you a fee. I told him: "I will buy for you, but I have two pounds on the head." After you sell and profit and so on, I have two pounds on the head. Meaning, you do not know whether it is on the profit or on the loss. This is not riba (usury or interest), if the two pounds are in exchange for the loan, then you have fled. And if it is in exchange for your agency in the purchase, and this naturally requires...

Another questioner : In exchange for the agency.

The Shaykh : I am telling you, I will answer you like this and like this. If it is not, then if I remain silent and you took the answer, may Allah preserve you.
Source سلسلة الهدى والنور، المجلس 68 — d3watuna.com (27:30)

The Arabic text is a machine transcription of the audio recording.

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