Is the contract valid where one gives another an item and says, 'Sell it for such-and-such, and whatever excess you gain is yours'?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is valid. Ahmad, in the narration of Ahmad bin Sa'id, explicitly upheld it. This view is also reported from Ibn Abbas, Ibn Sirin, and Ishaq. The basis for this validity is what 'Ata related from Ibn Abbas, who saw no objection to giving a man an item (or similar object) and instructing him to sell it for a specified amount, with any surplus belonging to the seller. This practice was reportedly uncontested in his time. Furthermore, the item is an asset that benefits from the action performed upon it, which is analogous to the capital in a partnership (*mudarabah*).
Supporting text
A group including Al-Nakha'i, Hammad, Abu Hanifah, Al-Thawri, Al-Shafi'i, and Ibn al-Mundhir disliked this arrangement, deeming it an unknown wage (*ujr majhul*), as it might result in zero profit. Additionally, Ahmad, in the narration of Al-Athram, stated that the agent has no right to the excess if the sale is conducted on credit, arguing that the unqualified instruction implied an immediate sale, and selling on credit constituted non-compliance with the order.