Question
A, B & C are co-owners of a piece of land. All three decide to sell the land as the piece of land. All three are free to talk to the buyers and bring a suitable offer. Offers will be accepted if the price is suitable.
1) A finds a buyer; He negotiates with the buyer a price of $330,000.
He informs his partners (B and C) that a buyer is willing to buy and is offering $300,000.
The partners agree and sell the land for $300,000, All three of them aacquire $100,000 each.
A makes an extra amount of $30,000, The partners are not aware of this nor allowed A to make an extra amount on the sale of the land.
a) In Islam, is it permissible to do what A has done?
b) Is the extra amount of A halal?
Answer
It is impermissible for A to cheat in this manner. The extra amount that he acquired is not Halaal for him.
The correct thing to do is that he must distribute the extra amount of money between themselves according to their ownership in the property for it to be Halaal.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
الْمَادَّةُ (۹۷) : لَا يَجُوزُ لِأَحَدٍ أَنْ يَأْخُذَ مَالَ أَحَدٍ بِلَا سَبَبٍ شَرْعِيّ
( مجلة الأحكام العدلية ص ٢٧ )
(إِمَّا مُفَاوَضَةٌ) مِنْ التَّفْوِيضِ بِمَعْنَى الْمُسَاوَاةِ فِي كُلِّ شَيْءٍ إِنْ تَضَمَّنَتْ وَكَالَةً وَكَفَالَةً (لِصِحَةِ الْوَكَالَةِ بِالْمَجْهُولِ ضِمْنًا لَا قَصْدًا وَتَسَاوَيَا مَالًا) تَصِحُ بِهِ الشَّرِكَةُ، وَكَذَا رِبْحًا كَمَا حَقَّقَهُ الْوَانِيُّ
(رد المحتار ج ٤ ص ٣٠٦ دار الفكر)