Is it derived from the hadith of Urwah al-Barqi that if someone gives you money to buy something for him, and there is money left over, you are obligated to return it to him?
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The Shaykh : How?
The student: What if it is a merchant?
The Shaykh : Yes.
The student: For example, if someone gives you money to buy a specific item, and you buy that specific item and you have money left, it is not permissible for you to take this remainder; rather, you must return it to its owner.
The Shaykh : Did you hear what he is saying?
The student: No.
The Shaykh : He says: There is evidence in it that if a person gives you money to buy a specific need, and you buy it for less, it is obligatory for you to return the remainder. This is because Urwah returned the dinar, even though he bought the sheep that the Messenger of Allah (peace and blessings be upon him) wanted to sacrifice. And yes, it is correct that if a person gives you money to buy a specific need, and you buy it for less than what he gave you, it is obligatory for you to return the remainder.
Now, what if he said: Take this commodity and sell it for one hundred, and you sold it for one hundred and twenty? Is it obligatory for you to give him one hundred and twenty, or do you say: He said sell it for one hundred, and the twenty is for me?
The student: The first.
The Shaykh : The first? Yes, the first, because the seller may set the price thinking that it will not exceed that amount, so the market may have changed, or a person in need may come who does not care if the price is higher.
But if he said: Sell this for one hundred, and whatever is more is for you, is this permissible or not permissible?
The student: Permissible.
The Shaykh : It is permissible. But the buyer may say: Why is he adding to the price? The owner says: Sell it for one hundred, and whatever is more is for you. The answer is to say: The owner did not say do not sell it for more; he did not forbid him from selling it for more. He said: Sell it for one hundred, and whatever is more is for you. This indicates that he expects what? An increase. And there is no harm in this. I say: There is no harm in saying: Sell it for one hundred, and whatever is more is for you. It is not said that this is unknown, because he may sell it for one hundred and twenty, or one hundred and fifty, or two hundred. We say: Because the owner knew the price he estimated, so he does not want more than that. Yes?
The student: O Shaykh, the transaction of the *fuduli* (one who acts without authorization).
The Shaykh : Huh?
The student: Those who prohibit the transaction of the *fuduli*, how do they answer regarding this hadith?
The Shaykh : No, they answer either by its weakness, according to the opinion of those who deemed it weak, or by saying that this is specific to the Messenger of Allah (peace and blessings be upon him), as some people resort to when their excuses run out, they claim specificity.
The student: What if it is a merchant?
The Shaykh : Yes.
The student: For example, if someone gives you money to buy a specific item, and you buy that specific item and you have money left, it is not permissible for you to take this remainder; rather, you must return it to its owner.
The Shaykh : Did you hear what he is saying?
The student: No.
The Shaykh : He says: There is evidence in it that if a person gives you money to buy a specific need, and you buy it for less, it is obligatory for you to return the remainder. This is because Urwah returned the dinar, even though he bought the sheep that the Messenger of Allah (peace and blessings be upon him) wanted to sacrifice. And yes, it is correct that if a person gives you money to buy a specific need, and you buy it for less than what he gave you, it is obligatory for you to return the remainder.
Now, what if he said: Take this commodity and sell it for one hundred, and you sold it for one hundred and twenty? Is it obligatory for you to give him one hundred and twenty, or do you say: He said sell it for one hundred, and the twenty is for me?
The student: The first.
The Shaykh : The first? Yes, the first, because the seller may set the price thinking that it will not exceed that amount, so the market may have changed, or a person in need may come who does not care if the price is higher.
But if he said: Sell this for one hundred, and whatever is more is for you, is this permissible or not permissible?
The student: Permissible.
The Shaykh : It is permissible. But the buyer may say: Why is he adding to the price? The owner says: Sell it for one hundred, and whatever is more is for you. The answer is to say: The owner did not say do not sell it for more; he did not forbid him from selling it for more. He said: Sell it for one hundred, and whatever is more is for you. This indicates that he expects what? An increase. And there is no harm in this. I say: There is no harm in saying: Sell it for one hundred, and whatever is more is for you. It is not said that this is unknown, because he may sell it for one hundred and twenty, or one hundred and fifty, or two hundred. We say: Because the owner knew the price he estimated, so he does not want more than that. Yes?
The student: O Shaykh, the transaction of the *fuduli* (one who acts without authorization).
The Shaykh : Huh?
The student: Those who prohibit the transaction of the *fuduli*, how do they answer regarding this hadith?
The Shaykh : No, they answer either by its weakness, according to the opinion of those who deemed it weak, or by saying that this is specific to the Messenger of Allah (peace and blessings be upon him), as some people resort to when their excuses run out, they claim specificity.