Is it permissible to sell merchandise at a price lower than that of the authorized agent without his knowledge, and what is the ruling on mediating its sale?
There is nothing that obliges the questioner to adopt a specific and act upon it. If the questioner is not convinced by the fatwa given to him, it is permissible for him to seek another fatwa from a different scholar. If he acts upon the fatwa of a reputable scholar, there is no blame on him, especially if he believes that this opinion is more sound and stronger in evidence. Imam An-Nawawi (may Allah have mercy on him) said in Al-Majmu': "A layman is not bound to adhere to a specific . He should seek a fatwa from whomever he happens upon. If he is given a fatwa, he is bound to act upon it. He is not allowed to seek a fatwa from another just to find what suits his desire. If he seeks a second fatwa, and it contradicts the first, he is not bound to act upon either of them. He should then refer to a third , or he may choose and act upon whichever he wishes. The correct and chosen opinion, which the imams, most jurists, and researchers hold, is that he is not bound to adhere to a madhhab; rather, he may seek a fatwa from whomever he wishes. If he is given a fatwa, he is bound to act upon it in that particular issue. It is also said: It is permissible to seek a second and third fatwa and act upon what is stronger in evidence in his view. This latter opinion is the correct one." [End of quote]
Ibn Abidin said in his commentary: "If a mufti gives him a fatwa and he acts upon it, then another mufti gives him a different fatwa from the first, he may act upon the second fatwa as long as his intention is not to seek out dispensations." [End of quote]
And Allah knows best.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 62198
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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