Q: In our country, many shopkeepers do business using third party cheques. The customer comes with a cheque on his name issued by his employer or any other company. He comes to the shopkeeper to cash the cheque. The shopkeeper agrees to cash the cheque on condition that he buys 20% of the value of the cheque worth of goods from his shop. For example, the customer brings a cheque worth R5000. The shopkeeper agrees to cash the cheque on condition that he buys R1000 worth of goods from his shop. In lieu of the R5000 cheque, the shopkeeper will give him R4000 cash and R1000 worth of goods. The benefit the shopkeeper gets from this transaction is the profit he makes in selling the R1000 worth of goods. Thereafter, the shopkeeper will recover the R5000 by cashing the cheque in his bank (he has a prior agreement with his bank to cash third party cheques).
1. Would such a transaction be permissible?
2. Some shopkeepers have resorted to cashing the cheques in the following manner: The customer brings a R5000 cheque. The shopkeeper sells him a pen for R1000 and gives him R4000 cash. So in lieu of the R5000 cheque, he gives him R4000 and a pen worth R5. Is this permissible?
3. Can the shopkeeper charge a fixed service charge for each cheque bearing in mind that he has to spend his time and effort to go to the bank and deposit the cheque?
4. Such a business is risky due to the possibility of the cheques bouncing and therefore, the shopkeeper normally puts a higher mark up on his goods than the prevailing retail price in the market. For zakaat purposes, what price will the shopkeeper base his calculations on; his selling price or the prevailing price in the market?
