What is the ruling on taking a material percentage from another person's work in exchange for directing the beneficiary to the one who will do the work for him?
Machine translationRead the Arabic original
The questioner : Regarding the current jurisprudential question, for example in real estate transactions, a contractor takes from an office!
The Shaykh : Yes.
The questioner : So the owner of the office conditions that, in exchange for awarding this work to him, he be covered a certain amount or a certain percentage. Is this permissible or not permissible? The owner of the office is an engineer. I want to build a house for the engineer. I want a contractor. I say to the engineer: I want a contractor to build this house for me?
The Shaykh : The engineer says?
The questioner : No, I say to the engineer.
The Shaykh : What are you?
The questioner : I am the owner of the land or the house. I say to the engineer, I want a contractor you know who will build this house for me.
The Shaykh : Yes.
The questioner : The engineer says to the contractor: Because I gave you this job, give me fifty per thousand or two per thousand, okay?
The student : As a commission for the office?
The questioner : As a commission.
The Shaykh : So it is something similar to brokerage, right?
The student : Brokerage through referral.
The Shaykh : Through referral, through referral.
The questioner : Approximately.
The Shaykh : Through referral.
The questioner : Yes, he does not exert effort, meaning the engineer does not exert effort or anything, he only directs from this one to that one. He says, I want, for example, half a dinar per meter, or I want this much per meter, or yes?
The student : Because he has an open office, he deals with this by collecting... it is a brokerage job.
The Shaykh : It resembles referral or brokerage, but to be more clear! I am the engineer.
The questioner: Yes.
The Shaykh : And you are the owner of the land.
The questioner: Yes.
The Shaykh : You come to me?
The questioner : I come to you and say to you, I want a contractor?
The Shaykh : Yes, so I say to you, if I refer you to a contractor, I want five percent.
The questioner : No, not from me.
The Shaykh : From whom?
The questioner : From the contractor.
The student : The contractor who will do the work.
The questioner : A secret agreement without my knowledge.
The Shaykh : Yes.
The questioner : I have no knowledge of the matter.
The Shaykh : Yes.
The questioner : That the engineer or the office gets something, but the idea is between the engineer and the contractor?
The Shaykh : The contractor.
The questioner : And I do not know, I do not know.
The Shaykh : How do you not know? Who is he saying he wants this for?
The questioner : For the contractor.
The Shaykh : Not for you?
The questioner : No, for the contractor.
The Shaykh : Ah, so I am the engineer.
The questioner: Yes.
The Shaykh : And you are the owner of the land you want to build on.
The questioner: Yes.
The Shaykh : You come to me.
The questioner: Yes.
The Shaykh : You say, I have land and I want to build on it.
The questioner: Yes.
The Shaykh : Okay, so what happens between you and me after this?
The questioner : It is done, I will pay you, meaning.
Another questioner : You agree on a certain amount.
The questioner : There is nothing between you and me.
The Shaykh : So there is nothing between you and me now?
The questioner : There is nothing, no, it is done.
The Shaykh : Then the engineer comes and brings a contractor!
The questioner : A contractor, yes.
The Shaykh : Yes, here I need to be detailed about this.
The questioner: Yes.
The Shaykh : If this increase is what I want to take!
The questioner: Yes.
The Shaykh : As an engineer, I say now, I.
The questioner : Heh.
The Shaykh : Not in my capacity as an engineer, as an engineer.
The questioner : Yes.
The Shaykh : I, as an engineer now, whether it is five percent or less or more, the percentage is not important.
The questioner: Yes.
The Shaykh : If you agreed with the contractor to take it from your pocket, it is not permissible.
The questioner : It is from my pocket.
The Shaykh : Yes, I am telling you, if it is from your pocket, it is not permissible, but if it is from his profit, it is permissible, because this was agreed between me and him.
The questioner: Yes.
The Shaykh : Do you understand?
The questioner : The engineer does not supervise, does not supervise, does not direct, and does not visit the site, he has no.
The Shaykh : He does not put down a plan or anything?
The questioner : He has no relation from that side.
The Shaykh : So.
The questioner : And he may put down a plan and take his fee, and the matter is finished.
The Shaykh : Yes.
The questioner : After he puts down the plans and drawings and you trust this man, he refers me to a contractor. He says, I have a contractor under my hand, but he has a secret agreement with the contractor: for every job I give you, you give me half a dinar per meter.
The Shaykh: Yes.
The questioner : The contractor may, for example, take it at thirteen and a half per meter, but because there is half a dinar for the engineer, he says, I want fourteen. He says to you, by Allah, this is good and his work is clean, take it at fourteen. And he takes it at fourteen, and he may take it at thirteen and a half.
The Shaykh: Yes.
The questioner : Did you notice how the picture is?
The Shaykh: Yes.
The questioner : So is this secret transaction, ah, I consider it from the inside, meaning I have no knowledge that the engineer has something, but a pious contractor asks this question, so giving to the engineer, I say to him, even the engineer, Shaykh, I told him, Shaykh, not a jurist, he has no relation to being a Shaykh or not.
The Shaykh: Yes.
The questioner : I told him, Shaykh, he may be more pious than me, but it has no relation to jurisprudence.
The Shaykh: Correct.
The questioner : ... Yes.
The Shaykh : Yes, the picture I gave you just now: I am the engineer and you are the owner of the land.
The questioner: Yes.
The Shaykh : You come to me and ask if you have a contractor around?
The questioner: Yes.
The Shaykh : Why did you come to me?
The questioner : By Allah, there may be an acquaintance between us, or he may have made a plan for the land or a permit, meaning for a certain reason!
The Shaykh : No, look, Professor, you need to specify, because I told you just now that he will put down the plan.
The questioner: Yes.
The Shaykh : Yes, he will put down a plan and take his fee.
The questioner: Yes.
The Shaykh : There is no problem with that.
The questioner : There is nothing wrong with it.
The Shaykh : But, yes, but the issue now, you mentioned a second picture, and he may not put down a plan.
The questioner : He may put one down and he may not.
The Shaykh : So if he puts one down, there is no problem.
The questioner: Yes.
The Shaykh : But the problem may come from the fact that he has nothing else but referring you to a contractor. You, when you ask him to refer you to a contractor, without a doubt you need evidence!
The questioner: Yes.
The Shaykh: Go ahead.
The Shaykh : Yes.
The questioner : So the owner of the office conditions that, in exchange for awarding this work to him, he be covered a certain amount or a certain percentage. Is this permissible or not permissible? The owner of the office is an engineer. I want to build a house for the engineer. I want a contractor. I say to the engineer: I want a contractor to build this house for me?
The Shaykh : The engineer says?
The questioner : No, I say to the engineer.
The Shaykh : What are you?
The questioner : I am the owner of the land or the house. I say to the engineer, I want a contractor you know who will build this house for me.
The Shaykh : Yes.
The questioner : The engineer says to the contractor: Because I gave you this job, give me fifty per thousand or two per thousand, okay?
The student : As a commission for the office?
The questioner : As a commission.
The Shaykh : So it is something similar to brokerage, right?
The student : Brokerage through referral.
The Shaykh : Through referral, through referral.
The questioner : Approximately.
The Shaykh : Through referral.
The questioner : Yes, he does not exert effort, meaning the engineer does not exert effort or anything, he only directs from this one to that one. He says, I want, for example, half a dinar per meter, or I want this much per meter, or yes?
The student : Because he has an open office, he deals with this by collecting... it is a brokerage job.
The Shaykh : It resembles referral or brokerage, but to be more clear! I am the engineer.
The questioner: Yes.
The Shaykh : And you are the owner of the land.
The questioner: Yes.
The Shaykh : You come to me?
The questioner : I come to you and say to you, I want a contractor?
The Shaykh : Yes, so I say to you, if I refer you to a contractor, I want five percent.
The questioner : No, not from me.
The Shaykh : From whom?
The questioner : From the contractor.
The student : The contractor who will do the work.
The questioner : A secret agreement without my knowledge.
The Shaykh : Yes.
The questioner : I have no knowledge of the matter.
The Shaykh : Yes.
The questioner : That the engineer or the office gets something, but the idea is between the engineer and the contractor?
The Shaykh : The contractor.
The questioner : And I do not know, I do not know.
The Shaykh : How do you not know? Who is he saying he wants this for?
The questioner : For the contractor.
The Shaykh : Not for you?
The questioner : No, for the contractor.
The Shaykh : Ah, so I am the engineer.
The questioner: Yes.
The Shaykh : And you are the owner of the land you want to build on.
The questioner: Yes.
The Shaykh : You come to me.
The questioner: Yes.
The Shaykh : You say, I have land and I want to build on it.
The questioner: Yes.
The Shaykh : Okay, so what happens between you and me after this?
The questioner : It is done, I will pay you, meaning.
Another questioner : You agree on a certain amount.
The questioner : There is nothing between you and me.
The Shaykh : So there is nothing between you and me now?
The questioner : There is nothing, no, it is done.
The Shaykh : Then the engineer comes and brings a contractor!
The questioner : A contractor, yes.
The Shaykh : Yes, here I need to be detailed about this.
The questioner: Yes.
The Shaykh : If this increase is what I want to take!
The questioner: Yes.
The Shaykh : As an engineer, I say now, I.
The questioner : Heh.
The Shaykh : Not in my capacity as an engineer, as an engineer.
The questioner : Yes.
The Shaykh : I, as an engineer now, whether it is five percent or less or more, the percentage is not important.
The questioner: Yes.
The Shaykh : If you agreed with the contractor to take it from your pocket, it is not permissible.
The questioner : It is from my pocket.
The Shaykh : Yes, I am telling you, if it is from your pocket, it is not permissible, but if it is from his profit, it is permissible, because this was agreed between me and him.
The questioner: Yes.
The Shaykh : Do you understand?
The questioner : The engineer does not supervise, does not supervise, does not direct, and does not visit the site, he has no.
The Shaykh : He does not put down a plan or anything?
The questioner : He has no relation from that side.
The Shaykh : So.
The questioner : And he may put down a plan and take his fee, and the matter is finished.
The Shaykh : Yes.
The questioner : After he puts down the plans and drawings and you trust this man, he refers me to a contractor. He says, I have a contractor under my hand, but he has a secret agreement with the contractor: for every job I give you, you give me half a dinar per meter.
The Shaykh: Yes.
The questioner : The contractor may, for example, take it at thirteen and a half per meter, but because there is half a dinar for the engineer, he says, I want fourteen. He says to you, by Allah, this is good and his work is clean, take it at fourteen. And he takes it at fourteen, and he may take it at thirteen and a half.
The Shaykh: Yes.
The questioner : Did you notice how the picture is?
The Shaykh: Yes.
The questioner : So is this secret transaction, ah, I consider it from the inside, meaning I have no knowledge that the engineer has something, but a pious contractor asks this question, so giving to the engineer, I say to him, even the engineer, Shaykh, I told him, Shaykh, not a jurist, he has no relation to being a Shaykh or not.
The Shaykh: Yes.
The questioner : I told him, Shaykh, he may be more pious than me, but it has no relation to jurisprudence.
The Shaykh: Correct.
The questioner : ... Yes.
The Shaykh : Yes, the picture I gave you just now: I am the engineer and you are the owner of the land.
The questioner: Yes.
The Shaykh : You come to me and ask if you have a contractor around?
The questioner: Yes.
The Shaykh : Why did you come to me?
The questioner : By Allah, there may be an acquaintance between us, or he may have made a plan for the land or a permit, meaning for a certain reason!
The Shaykh : No, look, Professor, you need to specify, because I told you just now that he will put down the plan.
The questioner: Yes.
The Shaykh : Yes, he will put down a plan and take his fee.
The questioner: Yes.
The Shaykh : There is no problem with that.
The questioner : There is nothing wrong with it.
The Shaykh : But, yes, but the issue now, you mentioned a second picture, and he may not put down a plan.
The questioner : He may put one down and he may not.
The Shaykh : So if he puts one down, there is no problem.
The questioner: Yes.
The Shaykh : But the problem may come from the fact that he has nothing else but referring you to a contractor. You, when you ask him to refer you to a contractor, without a doubt you need evidence!
The questioner: Yes.
The Shaykh: Go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.