What is the ruling on hiring a broker when the scope of purchase is entirely unspecified?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

Hiring a broker when the garments are neither specified by description nor bounded by a price limit renders the arrangement invalid according to the apparent position attributed to Ahmad. The entitlement in such a scenario is the customary fee (*ajr al-mithl*) for the work performed.

Supporting text

Al-Sufyan al-Thawri and Hammad disliked this practice. Those who hold that a customary fee is due argue that since the service was rendered under an improperly stipulated compensation, the worker is entitled to the value of similar services, as in the case of other defective rental agreements.