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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Taking a Fee for a Fatwa

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Question:
If this mufti performs certain tasks, such as dividing inheritance, and asks for a fee for them, is that permissible for him?

Answer:
This varies; there is a distinction. If the mufti has what suffices for his needs, and what makes him independent of people, from the public treasury, or from endowments, or from the people of the village, then he has no right to take anything. Rather, it is obligatory for him to issue fatwas for them and explain the division of inheritance to them: this is for such a person, this is for such a person, and this is for such a person.
As for if he is poor and has devoted himself to their affairs, the scholars have mentioned that there is no harm in stipulating a known amount with them, provided there is no favoritism toward anyone, so that he can support himself. That is, for every fatwa he receives a dirham, and for every ruling he receives a dirham, or two dirhams, or the like.
Some scholars have mentioned this. However, scrupulousness (wara') dictates leaving it aside whenever possible. Otherwise, some scholars have explicitly stated that it is permissible for the judge and the mufti to set a known amount to help with his needs and expenses if he is compelled to do so, and he has no salary from the public treasury, nor from endowments, nor from any other source, and he is in need of this thing and has no earnings.
A group of scholars have mentioned that it is permissible to impose a known amount on the disputing parties, without favoring anyone, or on those seeking fatwas, such that everyone who comes for a fatwa owes such an amount. In reality, this is a serious matter. If scrupulousness (wara') is facilitated and one stays away from it by any means, that is better for the believer and better for the mufti.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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