Resuming the answer to the question of the contractor who takes a percentage of another’s work in exchange for directing the beneficiary to the one who will work for him?
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The questioner : We are continuing the topic.
The Shaykh: Yes.
The questioner: Yes.
The Shaykh : So I say that if the landowner feels he needs someone to direct him, there is no objection to taking from the one who directs him:The student : taking from the engineer, there is no objection.
The questioner: Yes.
The Shaykh : But he does not say, “I directed you,” and then, after directing you, he turns around and dumps his burden on the landowner, do you understand? Like the brokers for houses and lands. For example, I am a broker in this area; I know about a piece of land here, a house there, and so on. You come wanting land, and I direct you to the land, but I inform you that I have a percentage, say one per thousand, or something like that, in order to direct you. This is what we mentioned before, that this is like brokerage. But the Shari'ah does not like going around in circles.
The questioner: Yes.
The Shaykh : Yes, especially since this going around in circles is due to the contractor’s greed for the landowner. For example, he might agree with the engineer to give him two percent, and he adds five percent to it.
The questioner: Yes.
The Shaykh : So I do not have an answer to this question.
The questioner : What if the contractor was truthful with him?
The Shaykh : If what?
The questioner : There would be three parties: the contractor, the engineer, and the landowner.
The Shaykh : Yes.
The questioner : And it would be an open discussion.
The Shaykh : Yes.
The questioner : In front of the parties, you agree with him, “Brothers, my percentage from so-and-so is such and such.”
The Shaykh : There is no objection.
The questioner : He discloses it clearly.
The Shaykh : There is no objection.
The Shaykh: Yes.
The questioner: Yes.
The Shaykh : So I say that if the landowner feels he needs someone to direct him, there is no objection to taking from the one who directs him:The student : taking from the engineer, there is no objection.
The questioner: Yes.
The Shaykh : But he does not say, “I directed you,” and then, after directing you, he turns around and dumps his burden on the landowner, do you understand? Like the brokers for houses and lands. For example, I am a broker in this area; I know about a piece of land here, a house there, and so on. You come wanting land, and I direct you to the land, but I inform you that I have a percentage, say one per thousand, or something like that, in order to direct you. This is what we mentioned before, that this is like brokerage. But the Shari'ah does not like going around in circles.
The questioner: Yes.
The Shaykh : Yes, especially since this going around in circles is due to the contractor’s greed for the landowner. For example, he might agree with the engineer to give him two percent, and he adds five percent to it.
The questioner: Yes.
The Shaykh : So I do not have an answer to this question.
The questioner : What if the contractor was truthful with him?
The Shaykh : If what?
The questioner : There would be three parties: the contractor, the engineer, and the landowner.
The Shaykh : Yes.
The questioner : And it would be an open discussion.
The Shaykh : Yes.
The questioner : In front of the parties, you agree with him, “Brothers, my percentage from so-and-so is such and such.”
The Shaykh : There is no objection.
The questioner : He discloses it clearly.
The Shaykh : There is no objection.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.