Is it permissible for the agent to take something from the broker without collusion?
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The questioner : Is it permissible for the agent to take something from the broker without collusion?
The Shaykh: Does he take something from the broker?
The questioner : Yes, without collusion. The agent means a person who has a property and has appointed an agent to sell or lease it. So this agent was approached by a broker who brought him a buyer, for example. After the sale is completed, or something like that, the agent then takes something from the broker without collusion.
The Shaykh : Why? If the principal is present, what does the broker do?
The questioner : If what?
The Shaykh : The principal, the owner of the house, the owner of the property? And a broker comes, what does the broker do with the owner of the property? Does he give him something?
The questioner : He might know that, and...
The Shaykh : You have just assumed that, you said he might know.
The questioner : If the owner of the property knows or does not know that this matter occurred, he might know...
The Shaykh : May Allah guide you, you have returned to the agent. I am speaking about the principal.
The questioner : The principal knows and he has no objection.
The Shaykh: How?
The questioner : There is no harm in taking the commission of the owner of the property; he has no objection to the agent taking from...
The Shaykh : That is not my question; the agent takes from the broker.
The questioner : And the broker does not give anything to the owner of the house.
The Shaykh : Why does he give to the agent and not to the principal?
The questioner : A weak man.
The Shaykh : That is what we need to understand, why does he give to this one and not to that one? It is like the tip given to the hired worker, the craftsman. Does this need a question? I fear that there is something behind the veil.
The questioner : No, there is nothing behind it...
The Shaykh : I fear that this is a bribe, a bribe for the agent.
The questioner : Our Shaykh, the owner of the property stipulated to this agent that he should not take anything.
The Shaykh : If he stipulated that, it is not permissible for him to take.
The questioner : And if he did not stipulate?
The Shaykh : If it is not a bribe, it is permissible, yes.
The Shaykh: Does he take something from the broker?
The questioner : Yes, without collusion. The agent means a person who has a property and has appointed an agent to sell or lease it. So this agent was approached by a broker who brought him a buyer, for example. After the sale is completed, or something like that, the agent then takes something from the broker without collusion.
The Shaykh : Why? If the principal is present, what does the broker do?
The questioner : If what?
The Shaykh : The principal, the owner of the house, the owner of the property? And a broker comes, what does the broker do with the owner of the property? Does he give him something?
The questioner : He might know that, and...
The Shaykh : You have just assumed that, you said he might know.
The questioner : If the owner of the property knows or does not know that this matter occurred, he might know...
The Shaykh : May Allah guide you, you have returned to the agent. I am speaking about the principal.
The questioner : The principal knows and he has no objection.
The Shaykh: How?
The questioner : There is no harm in taking the commission of the owner of the property; he has no objection to the agent taking from...
The Shaykh : That is not my question; the agent takes from the broker.
The questioner : And the broker does not give anything to the owner of the house.
The Shaykh : Why does he give to the agent and not to the principal?
The questioner : A weak man.
The Shaykh : That is what we need to understand, why does he give to this one and not to that one? It is like the tip given to the hired worker, the craftsman. Does this need a question? I fear that there is something behind the veil.
The questioner : No, there is nothing behind it...
The Shaykh : I fear that this is a bribe, a bribe for the agent.
The questioner : Our Shaykh, the owner of the property stipulated to this agent that he should not take anything.
The Shaykh : If he stipulated that, it is not permissible for him to take.
The questioner : And if he did not stipulate?
The Shaykh : If it is not a bribe, it is permissible, yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.