Question:
Assalamualaykum wa Rahmatullahi wa Barakatuh.
If a person approaches me from a foreign country here in Tnazania requesting to get a borehole dug on his behalf [as Sadaqah Jariyah].
The cost to dig one is approximately $500.
1] Can I tell the person; I’ll dig one for $550 and keep the $50 as a profit? I will be his Wakeel.
2] can he ask the owner of the borehole company to give something in order to give him this digging contract?
Jazakallahu khayra
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
Wakaalah is a contract where a person (Muwakkil) appoints another person (Wakeel) to act on their behalf in a particular matter. It is permissible for the Wakeel to charge a fee for their services, as long as both parties (Wakeel and Muwakkil) agree on the amount beforehand.
Thus, in the abovementioned scenario, it is permissible to charge $550 and keep the $50 as a fee, provided that the person donating the money is informed beforehand that you are charging this amount ($50) as a service fee for facilitating the project and the $500 is the actual cost of the borehole. [i]
As for the second scenario, i.e., arranging a commission with the borehole company, as you are the one who is doing the transaction on behalf of the Muwakkil, it will not be permissible to earn a commission or fee.
Nowadays welfare has become an enrichment avenue and one should not use welfare for this purpose. Therefore, charging a commission in such instances questions the sincerity of the one intending to facilitate the transaction as the more welfare one does the more he/she will earn commission. [ii]
And Allah Ta’ala Knows Best.
Suale Maguene Faine
Student – Darul Iftaa
Mozambique – Pemba
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
