What is the validity of paying a broker a fixed fee per item purchased?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the agreement is to give the broker one dirham for every garment purchased, this is valid provided the garments are described with a specific quality or limited by a price, thus making the expected service quantifiable.
Supporting text
If the garments are not specified by quality or price limit, the apparent view of Ahmad is that this arrangement is impermissible. This is because garments vary in price, and consequently, the corresponding fee should vary. In such a case, if a purchase is made, the broker is only entitled to the customary fee (*ajr al-mithl*). This opinion is also held by Abu Thawr and Ibn al-Mundhir, arguing that since the compensation was not stipulated correctly for the service performed, the worker is entitled only to the customary payment, similar to other invalid lease contracts.