Is it obligatory to mention the commission amount to my partner in the land and divide it with him, or is it my exclusive share, given a prior agreement that any amount exceeding the agreed-upon price for the land sale belongs to whoever brings it?
It is permissible for two partners to agree that whoever sells the land for a price exceeding the agreed-upon price, the excess belongs to him, and this arrangement is akin to (profit-sharing partnership). However, the partner must be informed of the true selling price; otherwise, deceit and dispute will occur.
If the commission is for brokerage, and the buyer knows you are a partner and gives you a commission, there is no harm in taking it, and it is not necessary to inform your partner. But if the buyer does not know you are a partner, then the commission involves deceit, and you must return the portion corresponding to your share of it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 191624
- 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.
- Read the full ruling
- Read the full answer on Ftawy