What is the ruling on the commission of the broker between the seller and the buyer in real estate and land?

Written by - Ali Shabl:

Dr. Attia Lashin, Professor of Sharia and Member of the Fatwa Committee at Al-Azhar Al-Sharif, revealed the legal opinion on brokerage, in response to a question he received from someone who said: I play the role of mediator between the seller and the buyer in real estate and land and I take a commission from them and this is my only job, so what is the ruling on that?

In his response, Lashin explained that the broker is the one who mediates between the parties to the financial transaction to facilitate and complete it, and this job is called the return from it or the profit made through it and because of it brokerage, whether the transaction is a sale, lease, or a loan, or a company between a group that occurred because of a broker who coordinated between the parties to this transaction.

The member of the Fatwa Committee at Al-Azhar Al-Sharif added that this return from professional brokerage is permissible and there is nothing wrong with it, whether the return is taken from one party or from both parties with conditions.

Lashin explained, in a statement of his fatwa on his official Facebook page, the following conditions:

1 That this be with the knowledge of the parties or both parties to the transaction.

2- The purchase or rental process must be real and not fictitious, because some people reserve a place for rent that is not suitable for insects and animals to live in, let alone humans, and if he is asked about a place for rent, he says, “It is available, but I will not stay with you until you pay a sum of money,” and he knows in advance that if he sees it, he will turn his back and flee.

The following indicates the permissibility of earning from brokerage:

1- Imam Al-Bukhari said: Ibn Sirin, Ata’, Ibrahim, and Al-Hasan did not see anything wrong with brokerage fees.

2- Ibn Abbas said: There is nothing wrong with saying: Sell this garment, and whatever is more than such and such is yours, and the same applies: Sell this apartment for such and such, and whatever is more is yours and is permissible.

3- Ibn Sirin said: If he says, “Sell it for such and such,” and whatever profit is made is yours, or between me and you, then there is nothing wrong with it.

4- Finally, the Prophet, may God bless him and grant him peace, said in what was narrated by Ahmad, Abu Dawood, and Al-Hakim, all on the authority of Abu Hurairah: “Muslims are bound by their conditions.” And God knows best.

Read also:

https://www.masrawy.com/islameyat/others-islamic_ppl_news/details/2024/12/4/2685751/ما-حكم-عمولة-الوسيط-بين-البائع-والمشتري-في-العقارات-والأراضي-عالم#