Is a contract valid where one says to another, 'Sell this garment for ten, and whatever exceeds that price is yours'?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract is valid. The stipulated excess amount belongs to the seller's agent. This position is held by the Hanafi school of thought. The evidence for this validity is that Ibn Abbas saw no issue with such an arrangement. Furthermore, the agent is acting regarding his own property with permission, meaning the condition stipulating the profit for the agent is sound, analogous to the case of the Mudarib (profit-sharing investor) or the worker in a Musaqah (fruit harvesting partnership).

Supporting text

Imam Al-Shafi'i holds that this contract is invalid.