What is the ruling on the broker's money? And what is the permissible form of this transaction?
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The questioner : Shaykh, may Allah reward you. We have a transaction where, if a man wants to sell his house, for example, he goes to a broker to sell the house. They set a price for him and tell him, "Your share is if you sell the house for such-and-such amount," meaning a portion of this price or this money. Then this broker goes and agrees with a buyer and increases the price for him, and this increase belongs to him. By this, he obtains this increase, and also from the seller. Is this transaction permissible?
The Shaykh : If the owner of the sale said to him, "Sell it for ten thousand, and you will have ten percent, for example, five percent, one percent, according to what they agree upon," then here, if he sells it for more than ten thousand, the increase belongs to the owner of the house, and the broker only gets his share, which was set at ten percent, or five, or less, or more. But if he said, "Sell it for ten thousand, and whatever exceeds that is yours," and he agreed, then there is no harm if he sells it for more than ten thousand; the increase will be his.
The Shaykh : If the owner of the sale said to him, "Sell it for ten thousand, and you will have ten percent, for example, five percent, one percent, according to what they agree upon," then here, if he sells it for more than ten thousand, the increase belongs to the owner of the house, and the broker only gets his share, which was set at ten percent, or five, or less, or more. But if he said, "Sell it for ten thousand, and whatever exceeds that is yours," and he agreed, then there is no harm if he sells it for more than ten thousand; the increase will be his.