Bukhari

Hadith Commentary:
(1)
Nowadays, goods from factories or firms are sold by acting as agents; major businesses operate in this manner. It is permissible to do so on a fixed commission. This provides ease for consumers. If someone wishes to buy or sell property, it can be done through dealers, whose commission is determined as a percentage. It is necessary for dealers not to resort to lies or deceit and to fulfill their responsibilities with honesty.

(2)
In this hadith, it is prohibited to go out to meet those bringing goods from villages and to settle a deal with them. Ibn Abbas (radi Allahu anhu) explained its meaning as: one should not become their broker. This prohibition applies in the case where the city dweller keeps the villager bringing goods unaware of the market rates. Doing so also creates a disadvantage for the people of the market. However, if the transaction is done at the market rate, and there is no negative effect or pressure on other buyers or market people, then it is permissible to act as an agent for someone else in this manner, to buy goods and also to sell them. There is no harm in receiving commission from both sides.

(3)
After selling the goods, agents sometimes take their preferred vegetables or fruits from the produce. Doing so is not permissible because they are only entitled to the agreed-upon commission, which they have already received.

Hadith Commentary:
And by establishing the right of brokerage (dalali) through this, one should not harm the townspeople.
If this broker (dalal) had not intervened, perhaps the poor would have obtained grain at a cheaper price.
The Hanafis have said that this hadith applies when there is a famine of grain.
The Malikis have said it is general (i.e., applies in all circumstances).
It is narrated from our Imam Ahmad ibn Hanbal rahimahullah that the prohibition is in the case when five conditions are present:
➊ Someone comes from the wilderness to sell goods,
➋ He wishes to sell at the price of that day,
➌ He does not know the market rate,
➍ A townsman intentionally goes to him,
➎ The Muslims are in need of those goods.
When these five conditions are found, the sale will be unlawful (haram) and invalid (batil); otherwise, it will be valid.
(Wahidi)
In the explanation of samsar (broker), Imam Shawkani rahimahullah says: “With two unpointed ‘s’ letters (sin), it is said in al-Fath: originally, it means the one who is responsible for an affair and its guardian, then it came to be used for the one who undertakes buying and selling on behalf of others.”
That is, samsar originally referred to a person who is the guardian and executor of a task, and now it is used for the one who undertakes the management of buying and selling, which is called a broker (dalal) nowadays.

Hadith Commentary:
(1)
According to Imam Bukhari rahimahullah, the aforementioned hadith is to be understood in a specific sense: that it is prohibited to sell on commission (i.e., to take a wage for selling).
On the contrary, if a city-dweller sells the goods of a villager who has come from outside, as an act of cooperation and goodwill, then there is no objection to doing so, because in other ahadith, Muslims are commanded to show goodwill and sympathy towards one another.
(2)
A person who buys and sells on commission (i.e., for a wage) does so not out of goodwill, but solely for the purpose of obtaining a wage.

Hadith Commentary: Benefits and Issues:
A villager brings his goods to the market for sale, and his intention is to sell his goods and leave. The townspeople are in need of these goods, so the goods will be sold immediately. However, a townsman says to him, "Entrust your goods to me; I will sell them later at a higher price than the current rate." In this way, what the townspeople could have obtained cheaply, they will later get at a higher price, or there will be a risk of this happening.

The Shafi'is and Hanbalis have set four conditions for the prohibition of this:

(1)
The townsman himself offers to be made an agent or broker for the sale of the goods.

(2)
The villager or Bedouin is unaware of the market rate; if he knows the price, then it is not prohibited.

(3)
He has brought the goods for immediate sale and wants to sell them at the rate of that day.

(4)
People are in need of those goods, and delaying the sale poses a risk of hardship and difficulty.

If, in the presence of these conditions, the townsman sells, then this is a crime and a sin, but the sale is valid.

The Hanafi position is that if this sale causes harm to the townspeople, then this act is impermissible. However, despite the sin, according to the Hanafis, Shafi'is, and Malikis, the sale will still be valid. According to the Hanafis, it should be annulled as a matter of conscience (diyanatan), because this is the ruling for a disliked (makruh) sale.

According to Imam Ibn Hazm, this sale will not be concluded, and one narration from Imam Ahmad is also in agreement with this, while another narration from him is in accordance with the other Imams. According to Ibn Abbas radi Allahu anhuma, if the townsman sells as a broker and takes a fee (dalali/ujrah), it is impermissible; if he sells without a fee, then it is permissible, because this is compassion and goodwill. This is also the position of Imam Bukhari.

However, according to the majority, it is prohibited in all cases.

“Should not act as a broker”—that is, he should not sell his goods by taking a commission, because this leads to inflation. The commission amount is also included in the price of the item. However, if he sells the villager’s goods out of sympathy so that, due to his simplicity, the villager does not incur any loss, and he does not take any commission from him, then there is no harm in this, because in this way there is no risk of inflation. It is the commission itself that is the cause of inflation. Nowadays, a broker is called a commission agent.

Note:
Benefit:
For a detailed discussion of this issue, see the benefits under Hadith: 2145.

Takhrij:
«أخرجه البخاري، البيوع، باب هل يبيع حاضر لباد، حديث:2158، ومسلم، البيوع، باب تحريم بيع الحاضرة للبادي، حديث:1521.»
Explanation:
Narrator of the hadith: «حضرت طاوس رحمہ اللہ » His kunyah is Abu Abdur Rahman, and his lineage is as follows: Tawus ibn Kaysan al-Himyari.
He was a mawla (client) of the people of the Himyar tribe.
He was of Persian descent.
It has also been said that his name was Dhakwan and Tawus was his title.
He was trustworthy (thiqah).
He was an extremely virtuous jurist (faqih) and belonged to the third generation (tabi‘in).
He stated: “I met fifty of the noble Companions (Sahabah) radi Allahu anhum.”
Abdullah ibn Abbas radi Allahu anhuma said: “I think that Tawus is among the people of Paradise.”
‘Amr ibn Dinar said: “I have not seen anyone like him.”
He passed away in the year 106 AH.