What is the ruling on taking a percentage from the owner of a financial right or from an intermediary for recovering this right, given prior unfulfilled contracts and obligations, and knowing that the owner of the right is unaware of these details?
The answer includes several points:
1. If the transaction is a ju'alah (a contract for a reward) for the recovery of money, then the withdrawing party is not entitled to any part of the ju'alah before the money is recovered. Accordingly, there is no harm in requesting that the ju'alah be written solely in the name of the remaining partner.
2. If your partner gives you something from the ju'alah as a gift, there is no harm, and the owner of the right does not need to know about it.
3. If you agree with your partner to share in the effort to recover the money and the ju'alah, there is no harm, and the owner of the right is not required to know about it if you are not their agent.
4. You are not permitted to conceal from the owner of the right any money your partner gives you if what they give you is based on the premise that you did not take anything from the ju'alah.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 146937
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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