Question
Khalid, Yusuf & Ismail are first cousins and now are co-owners of a piece of land. All 3 decide to sell the land as the piece of land has a very significant value. All 3 are free to talk to the buyers and bring a suitable offer. Offers will be accepted if the price is suitable.
1) Yusuf finds a buyer; He negotiates with the buyer a price of $330,000.
He informs his partners (Khalid and Ismail) that a buyer is willing to buy and is offering $300,000.
The partners agree and sell the land for $300,000, All 3 of them ‘clock’ a $100,000 each.
& Yusuf makes an extra amount of $30,000, The partners are not aware of this nor allowed Yusuf to make an extra amount on the sale of the land.
a) In Islam, is it permissible to do what Yusuf has done?
b) Is Yusuf’s extra amount halal?
Answer
Islam does not permit one to cheat or to deceive others in any issue.i Islam teaches us that one must always be truthful in his business dealings and never cheat or deceive. Keeping in mind that we are Muslims before we are traders, it does not behove us to behave in this manner. Nabi SallAllahu Alayhi Wa Sallam has given glad tidings for a truthful business man:
“The truthful, trustworthy merchant will be with the Prophets, the truthful, and the martyrs (on the day of judgement).”
(Jami’ut Tirmidhi No.1209)
“The trustworthy, honest Muslim merchant will be with the martyrs on the Day of Resurrection.”
(Sunan Ibn Majah no. 2139)
Coming to your query, it is impermissible for Yusuf to cheat in this manner. The extra amount that he got 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
عن الني صلى الله عليه وسلم، قال: التاجر الصدوق الأمين مع النبيين، والصديقين، والشهداء.
هذا حديث حسن