Are the two intermediaries who brought together the property owner and the expediter, having concluded the procedures for receiving compensation for the property's expropriation and obtained 10% of the amount, entitled to share with the expediter in the fee for reappraising the compensation, knowing that the expediter will perform these procedures alone?
The validity of an (lease/hire) or ju'alah (commission/reward) contract requires that the rent or commission (ujrah or ju'l) be known in a way that eliminates ignorance (jahalah). According to the Hanbalis, ignorance is permissible if it does not prevent delivery. Accordingly, the agreement with the two intermediaries is not valid unless their due amount is known, either by specifying it or by a percentage of a certain sum, as is the case in compensation for property expropriation; because its ignorance does not prevent delivery. This is unlike the request for reappraisal, for which they are not entitled to anything, as it was not included in the initial contract, and it is contingent upon the owner's desire and the approval of the competent authorities. Therefore, the two intermediaries have no right to request a reappraisal.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 174497
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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