Sharʿi Ruling on Property Commission in Light of the Qur’an and Sunnah
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 221
Property dealing has become very common in our area and all over Pakistan. People are leaving labor-intensive jobs to enter this field because it yields high profits. Some individuals become owners of millions in a single day, even if they were previously poor. Please clarify the Sharʿi ruling on this in the light of the Qur’an, Sunnah, and modern circumstances. I have been a reader of al-Ḥadīth magazine for a year and seek guidance due to facing difficulty.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
Commission-based transactions, commonly called “dalālī” or “agent fee”, are referred to in Sharīʿah as “al-samsarah”. The Sharīʿah provides two rulings on this matter:
If both parties (buyer and seller) agree mutually and there is no deception, fraud, or falsehood, then dalālī is permissible.
Ḥadīth Evidence:
Sayyidunā Qays ibn Abī Gharzah رضي الله عنه said:
«كنا نسمى السماسرة على عهد رسول الله صلى الله عليه وسلم فأتانا ونحن بالبقيع ومعنا العصي فسمانا باسم هو أحسن منه فقال: يا معشر التجار…»
We used to be called brokers (samsarah) during the time of the Messenger of Allah ﷺ. One day he came to us while we were in al-Baqīʿ with our ropes and called us by a better name, saying: “O assembly of traders…”
(Musnad al-Ḥumaydī 1/304, Ḥadīth 438 – authentic; also in Sunan Abī Dāwūd 3326, Sunan al-Tirmidhī 1208 [ḥasan ṣaḥīḥ], Sunan al-Nasāʾī 3828–3829, Sunan Ibn Mājah 2145, al-Muntaqā of Ibn al-Jārūd 557, al-Mustadrak of al-Ḥākim 5/2 – authenticated and agreed upon by al-Dhahabī, Mushkil al-Āthār 13/3–14)
Linguistic Note:
In Arabic, al-samsarah means brokerage, agency, commission, or broker’s fee (al-Qāmūs al-Waḥīd, p. 800).
Also see: Ṣaḥīḥ al-Bukhārī, Kitāb al-Ijārah, Bāb Ujr al-Samsarah, Ḥadīth 2274.
Dalālī becomes prohibited when it involves unlawful gain, deception, or market manipulation.
Ḥadīth Evidence:
Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
«لا يبع حاضر لباد»
Let not a city-dweller sell on behalf of a desert-dweller.
(Ṣaḥīḥ al-Bukhārī: 2723, Ṣaḥīḥ Muslim: 1515/11)
Explanation by Ibn ʿAbbās رضي الله عنهما:
When asked about the meaning of “ḥāḍir li-bād”, he said:
"لا يكون له سمسارًا"
It means: He should not act as his broker.
(Muṣannaf ʿAbd al-Razzāq 8/198, Ḥadīth 14870 – authentic; Muṣannaf Ibn Abī Shaybah 6/578, Ḥadīth 22058)
✿ If there is no deception, fraud, falsehood, or coercion, and the transaction is conducted with mutual consent and in the spirit of goodwill, then such commission is permissible (though some scholars consider it permissible with slight dislike).
✿ However, if the commission involves:
then such dalālī is ḥarām and impermissible.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 221
Question:
Property dealing has become very common in our area and all over Pakistan. People are leaving labor-intensive jobs to enter this field because it yields high profits. Some individuals become owners of millions in a single day, even if they were previously poor. Please clarify the Sharʿi ruling on this in the light of the Qur’an, Sunnah, and modern circumstances. I have been a reader of al-Ḥadīth magazine for a year and seek guidance due to facing difficulty.
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
Commission-based transactions, commonly called “dalālī” or “agent fee”, are referred to in Sharīʿah as “al-samsarah”. The Sharīʿah provides two rulings on this matter:
1. Permissible Form of Commission (Dalālī)
If both parties (buyer and seller) agree mutually and there is no deception, fraud, or falsehood, then dalālī is permissible.
Ḥadīth Evidence:
Sayyidunā Qays ibn Abī Gharzah رضي الله عنه said:
«كنا نسمى السماسرة على عهد رسول الله صلى الله عليه وسلم فأتانا ونحن بالبقيع ومعنا العصي فسمانا باسم هو أحسن منه فقال: يا معشر التجار…»
We used to be called brokers (samsarah) during the time of the Messenger of Allah ﷺ. One day he came to us while we were in al-Baqīʿ with our ropes and called us by a better name, saying: “O assembly of traders…”
(Musnad al-Ḥumaydī 1/304, Ḥadīth 438 – authentic; also in Sunan Abī Dāwūd 3326, Sunan al-Tirmidhī 1208 [ḥasan ṣaḥīḥ], Sunan al-Nasāʾī 3828–3829, Sunan Ibn Mājah 2145, al-Muntaqā of Ibn al-Jārūd 557, al-Mustadrak of al-Ḥākim 5/2 – authenticated and agreed upon by al-Dhahabī, Mushkil al-Āthār 13/3–14)
Linguistic Note:
In Arabic, al-samsarah means brokerage, agency, commission, or broker’s fee (al-Qāmūs al-Waḥīd, p. 800).
Also see: Ṣaḥīḥ al-Bukhārī, Kitāb al-Ijārah, Bāb Ujr al-Samsarah, Ḥadīth 2274.
2. Prohibited Form of Commission (Dalālī)
Dalālī becomes prohibited when it involves unlawful gain, deception, or market manipulation.
Ḥadīth Evidence:
Sayyidunā Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
«لا يبع حاضر لباد»
Let not a city-dweller sell on behalf of a desert-dweller.
(Ṣaḥīḥ al-Bukhārī: 2723, Ṣaḥīḥ Muslim: 1515/11)
Explanation by Ibn ʿAbbās رضي الله عنهما:
When asked about the meaning of “ḥāḍir li-bād”, he said:
"لا يكون له سمسارًا"
It means: He should not act as his broker.
(Muṣannaf ʿAbd al-Razzāq 8/198, Ḥadīth 14870 – authentic; Muṣannaf Ibn Abī Shaybah 6/578, Ḥadīth 22058)
Sharʿi Conclusion from Both Aḥādīth
✿ If there is no deception, fraud, falsehood, or coercion, and the transaction is conducted with mutual consent and in the spirit of goodwill, then such commission is permissible (though some scholars consider it permissible with slight dislike).
✿ However, if the commission involves:
- Lies
- Fraud
- Unjust or excessive fees
- Artificial price inflation
then such dalālī is ḥarām and impermissible.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
