Splitting Commission Earned


Zaid takes orders for a plastic company from the comfort of his home. Based on the number of plastic chairs Zaid sells, he receives commission.

Zaid is now elderly and wants to give his job to his friend Bakr. This means Bakr will sell plastic chairs to retail outlets and receive commission from the company.

However due to the fact that Zaid gave his occupation to Bakr, Bakr will be required to share his commission with Zaid. On every commission received by Bakr, he will give 40% to Zaid and keep 60% for himself.

Is this procedure correct in Shari’at. If not, what alternative does Zaid have?


In the enquired scenario, if this fixed percentage was mutually agreed upon as a commission for Zaid on the basis of initially introducing Bakr to the company, it would be permissible for Zaid to receive this commission. If Bakr thereafter transacts with the company on his own, then Zaid will not be entitled to any commission on the subsequent transactions for which Bakr makes an effort and does all the work. 

However, if they both mutually agreed that Zaid would get 40% of the commission on every subsequent transaction that is concluded with the company, then it will be permissible for Bakr to give Zaid (as a gift) the agreed percentage of commission and for Zaid to accept it. But this will be dependent on mutual agreement, with Bakr willingly accepting such an arrangement and the 40% of the commission given to Zaid upon every subsequent transaction will be considered to be a gift from Bakr to Zaid and not an entitlement, because Zaid cannot be entitled to receive payment for work that he did not do. Bakr will be working and making all the effort in concluding all subsequent transactions and not Zaid. Since seeing that this is a gift, whenever Bakr wishes he can terminate giving this 40% gift and Zaid cannot then demand it from him. 

One other method that we would suggest is that Zaid should continue placing orders by himself and thereafter he should hire Bakr to sell the products to retail outlets in lieu of a commission in the form of a fixed percentage or a fixed amount. In this way, each time Bakr sells the products to the retail outlets, he will be entitled (as a commission agent/employee of Zaid) to the agreed upon commission (whether it be a fixed amount or a fixed percentage).

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.


«المبسوط للسرخسى ١١٤/١٥- ١١٥ دار المعرفة» 

«النتف ف الفتاوى ص ٣٤٩ سعيد» 

«رد المحتار ٦٣/٦ سعيد» 

«النتف فى الفتاوى ص ٤٩ ٣ سعيد»

«درر الحكام في شرح مجلة الأحكام ٢٣١/١ دار الكتب العلمية»


Purpose and Scope
The information provided on this website is intended for informational and educational purposes only. Fatawa provided on this website are context-dependent, scenario-specific and are impacted by interpretations and individual circumstances.
The information provided on this website is not a substitute for an independent, scenario-specific question, and must not be used to determine or establish a ruling for any other circumstance, situation or dispute.
Accuracy and Reliability
While Darul-Ifta - Darul Uloom Azaadville strives for accuracy, errors may occur. Users are encouraged to verify information independently and notify the Darul-Ifta of any discrepancies.
We reserve the right to edit, moderate or remove any content.
No Legal Authority
Fatawa provided on this website are not legal judgments but rather religious rulings. Legal matters should be addressed through appropriate legal channels.
By using this website, users agree to these terms and conditions.