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This sort of practice was very common in Arab society when Islâm came. Anas says, “Sale by a resident on
behalf of a desert-dweller was prohibited to us, even though he might be a blood brother.” (Compiled by al-
Bukhâri and Muslim.) From this we learn that for the Muslim the public interest takes precedence over
personal relationships. Said the Prophet (s.a.w.s.), A resident (of the town) must not sell for a man from the
desert. If people are left alone, Allâh will give them provision from one another. (Compiled by Muslim.)
This significant expression of the Prophet‘s, “If people are left alone, Allâh will give them provision from one
another,” establishes a basic principle in the field of commerce: that the market, its prices, and sales,
should be left free to respond to internal economic forces and natural competition without manipulation.
When Ibn ‘Abbas was asked about the meaning of “A resident must not sell for a man from the desert,” he
replied, “The resident should not be a broker for him.” (Compiled by al-Bukhâri.) From this we understand
that if someone were to inform the man from the desert about prices, proffering him good advice and telling
him about prevailing market prices without charging him a commission, there would be no harm in it, for
giving good advice is part of the religion; in fact, a sound hadith states, “Religion is the giving of good
advice,” (Compiled by Muslim.) and, “If someone asks your advice, advise him.” (Reported by Ahmad.)
However, with regard to the broker, it is quite probable that, in a situation such as that described above, he
might neglect the public interest for the sake of his own profit.
The Permissibility of Brokerage
With the exception of such cases, brokerage is permissible, since it is a sort of mediation and connection
between the buyer and the seller, which in many cases facilitates a profitable transaction for at least one of
them or for both.
In modern times, middlemen have become more necessary than at any time in the past because of the
complexities of trade and commerce, which involve all types of exports and imports, and wholesale and retail
sales and purchases; brokers play a very important role in keeping things moving. There is nothing wrong,
therefore, with the broker’s charging a commission for his services. The commission may be a fixed amount
or proportional to the volume of sales, or whatever is agreed upon among the parties involved. Al-Bukhâri
states in his Sahih. Ibn Sirin, ‘Ata, Ibrahim, and Hassan saw nothing wrong with commissions charged by
brokers. Ibn ‘Abbas said, ‘There is no harm if one person says to another, “Sell this robe, and if you sell it for
more than such and such a price, you may keep the extra amount.”‘ Ibn Sirin said, ‘There is nothing wrong if
one person says to another, “Sell it for this price and keep the profit, or the profit will be shared between you
and me.”‘ The Prophet (s.a.w.s.) said, ‘The Muslims must abide by their terms.’ (This hadith is Compiled by
al-Bukhâri with the chain of transmitters which does not reach back to the Prophet (s.a.w.s.); however,
Ahmad, Abû Daoud, al-Hakim, and others have a complete chain of transmitters)
Exploitation and Fraud
In order to prevent the manipulation of the market, the Prophet (s.a.w.s.) also prohibited what is termed
najash. (Compiled by al-Bukhâri and Muslim.) Ibn ‘Umar explained that najash signifies someone’s bidding
for an item in excess of its price without having any intention of actually buying it, but merely in order to
induce others to bid still higher. Many times this is pre-arranged for the purpose of deceiving others.
Among the variety of measures which the Prophet (s.a.w.s.) took to keep business transactions as far
removed as possible from all kinds of exploitation and fraud was that of prohibiting people from going out of
town to buy merchandise which was on its way to the market, telling them to wait until it was brought to the
marketplace. (Compiled by Muslim, Ahmad, and Ibn Mâjah.) The reason for this prohibition is that the market
place, where the forces of demand and supply determine prices, is the best place for trading transactions. If
someone goes out of town to buy from a trader who is bringing merchandise, there is a possibility that the
seller, not knowing the current price of his merchandise, may be defrauded. If anyone does buy some of his
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merchandise in this manner, the seller has the option of canceling the transaction after arriving at the
marketplace. (Compiled by Muslim.)
“He Who Deceives Us Is Not of Us“
Islâm prohibits every type of fraud and deception, whether it be in buying and selling or in any other matter
between people. In all situations the Muslim must be honest and truthful, holding his faith dearer than any
worldly gain. The Prophet (s.a.w.s.) said, Both parties to a butransaction have a right to cancel it as as they
have not separated. If they tell the truth and make everything clear, they will be blessed in their transaction,
but if they lie and conceal anything, the blessing will be blotted out. (Compiled by al-Bukhâri.)
He also said, It is not permissible to sell an article without making everything (about it) clear, nor is it
permissible for anyone who knows (about its defects) to refrain from mentioning them. (Reported by al-
Hakim and al-Bayhaqi.)
Once, when passing by a grain merchant, the Prophet’s curiosity was aroused. He thrust his hand into the
heap of grain and found it wet. “What is this, O merchant?” He asked. “It is because of rain,” the man
replied. The Prophet (s.a.w.s.) then said to him, “Why did you not put it on top so that the people could see
it? He who deceives us is not of us.” (Compiled by Muslim.)
In another report it is said that he passed by a heap of grain which was made to look good by the merchant.
The Prophet (s.a.w.s.) put his hand into it and found it to be bad. He told the merchant, “Sell the good and
the bad separately. He who deceives us is not of us.” (Reported by Ahmad.)
The Muslims of earlier times strictly observed the practices of exposing the defects of what they sold, of
telling the truth, and of giving good advice. When Ibn Sirin sold a sheep, he told the buyer, “I would like to tell
you about a defect it has: it kicks the fodder.” And when al-Hassan bin Salih sold a slave girl he told the
buyer, “Once she spat up blood.” Although she had done this only once al-Hassan’s Muslim conscience
required that he mention the fact, even if it resulted in his receiving a lower price.
Frequent Swearing
The sin of deceiving is the greater when the seller supports it by swearing (This means swearing that
something is true in the name of Allâh. (Trans.)) falsely. The Prophet (s.a.w.s.) told the merchants to avoid
swearing in general and, in particular, in support of a lie, saying, “Swearing produces a ready sale but blots
out the blessing.” (Compiled by al-Bukhâri.) He disapproved of frequent swearing in business transactions
because first, it is probably done to deceive people, and second, because it reduces respect for the name of
Allâh.
Withholding Full Measure
One way of defrauding the customer is to measure or weigh incorrectly. The Qur‘ân emphasized this aspect
of business transactions and included it among the ten obligations described in the last part of Surah al-
An‘am:...And give full measure and (full) weight, in justice; We do not burden any soul beyond what it can
bear.... (6:152) And elsewhere in the Qur‘ân Allâh Ta‘ala says, And give full measure when you measure
and weigh with the straight balance; that is most fitting and best in the final determination. (17:35)
He also says, Woe to the defrauders—those who, when they take the measure from people take it in full, but
when they measure for them or weigh for them give them short. Do they not realize that they will be raised
up again on a mighty Day, a Day when mankind will stand before the Rabb of the worlds? (83:1-6)
The Muslim should try to do justice in measuring and weighing as far as it is humanly possible, although
absolute accuracy in this regard is unattainable. This is why, following the command to give full measure, the
Qur‘ân adds, “We do not burden any soul beyond what it can bear.”
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