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The question

What is the ruling on money earned (5,000 EGP) by a real estate broker who sold an apartment for 105,000 without the buyer's knowledge of the agreement that stipulated that any amount exceeding 100,000 is for the broker?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

There is no blame upon the broker for taking the agreed-upon increase with the owner, whether the buyer knows about it or not, based on the owner's statement: "Sell this for such-and-such, and whatever exceeds that is yours." This has been permitted by the Maliki, Ahmad, and Ishaq schools of thought, and it is narrated from Ibn Abbas, who considered it similar to (profit-sharing partnership). Evidence for this is what Al-Bukhari reported from the predecessors regarding its permissibility, and that "Muslims are bound by their conditions."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
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Ftawy
Original fatwa ID
18822
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy