What is the ruling on one who gives a commodity to a man and says, “Bring me such-and-such amount, and whatever is more is yours”?
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The questioner : The following question: What is the ruling on this sale? A man gave a commodity to another man and said: “Bring me such-and-such amount for this commodity, an estimated amount of so much.”
The Shaykh : Yes
The questioner : And whatever is more is yours.
The Shaykh : Yes
The questioner : So what is the ruling on this sale?
The Shaykh : There is nothing wrong with this; that is, there is no harm in a person appointing someone to sell a commodity for him, saying: “Sell it for one hundred, and whatever is more is yours.” But if the agent knows that the price has increased and that the owner’s estimate of the price is based on a previous price from an earlier value, he must alert him and say: “Things have increased, and they are now worth two hundred; this is their value in the market.” If he informs him of the reality and says: “Sell it for two hundred, and whatever is more is yours,” or “Sell it for one hundred, and whatever is more is yours,” there is nothing wrong with it. For sometimes a person is unaware of the price and thinks that this commodity is not worth more than one hundred, or only a little more, so he says to his agent: “Take it, sell it for one hundred, and whatever is more is yours.” This is permissible. But as I said, if the price has increased, what must he do? He must alert the owner of the commodity and say: “The price has increased.” If the owner then says: “I have no objection; may Allah provide for you; whatever is more is yours,” then there is nothing wrong with it. I would like the questions to be about the celebration of the Mawlid, because some of you know more about it in your countries than I do. If you have no questions, there is nothing wrong with the second set of questions, but this is an important and sensitive issue. We—meaning the issue of the Mawlid—need to know the conditions of people regarding it and apply the Shari'ah to it.
The Shaykh : Yes
The questioner : And whatever is more is yours.
The Shaykh : Yes
The questioner : So what is the ruling on this sale?
The Shaykh : There is nothing wrong with this; that is, there is no harm in a person appointing someone to sell a commodity for him, saying: “Sell it for one hundred, and whatever is more is yours.” But if the agent knows that the price has increased and that the owner’s estimate of the price is based on a previous price from an earlier value, he must alert him and say: “Things have increased, and they are now worth two hundred; this is their value in the market.” If he informs him of the reality and says: “Sell it for two hundred, and whatever is more is yours,” or “Sell it for one hundred, and whatever is more is yours,” there is nothing wrong with it. For sometimes a person is unaware of the price and thinks that this commodity is not worth more than one hundred, or only a little more, so he says to his agent: “Take it, sell it for one hundred, and whatever is more is yours.” This is permissible. But as I said, if the price has increased, what must he do? He must alert the owner of the commodity and say: “The price has increased.” If the owner then says: “I have no objection; may Allah provide for you; whatever is more is yours,” then there is nothing wrong with it. I would like the questions to be about the celebration of the Mawlid, because some of you know more about it in your countries than I do. If you have no questions, there is nothing wrong with the second set of questions, but this is an important and sensitive issue. We—meaning the issue of the Mawlid—need to know the conditions of people regarding it and apply the Shari'ah to it.