Valid & Invalid transactions

Weighing items after purchase

Q: I have recently heard that in order for the sale of meat/fruit/ items sold by weight to be halaal the buyer either has to be present to see the item being weighed or has to ask for R200 worth of mutton instead of 1 kg of mutton. I order my meat from a butcher telephonically and order by weight as I am generally aware of the meat prices. This is then delivered to my house and later paid for. In this instance is the meat halaal as I have been told it is haraam?

Charging commission

Q: I have been asked a question by someone of the following matter. Just setting out the case. The person needing the advice is a businessman who is dealing with an agent of another party. The agent comes with a tender to provide in bulk an item for the third party. By agreement the businessman tells the agent of the third party that he will give him 7.5 percent commission on the amount of the bulk. In order to give the 7.5 percent commission, the businessman inflates his usual price of the item in order to incorporate the 7.5 commission i.e if the businessman would usually sell an item for R10 000 he would now quote the price as R10 750 so that the agent of the third party can get the commission of R750 from the businessman . The way in which this works is that the agent will get the quotation approved to the amount of R10 750 and get the cheque to that amount of which he will give R10 000 to the businessman and will retain the R750 for himself and the goods will then be supplied. Bare in mind that the businessman still only makes an actual invoice of R10 000 and the transaction takes place only between the businessman and the agent of the 3rd party in which the 3rd parties information is not disclosed to the businessman. Is such business practice permissible? If not, what is the way forward in keeping this business relationship, again baring in mind that if the businessman does not give any incentive to the agent the agent will no longer transact with the businessman and together with that the businessman does want to lose out on the profit based on his normal prices and hence inflates the price to provide an incentive to the agent of the third party. I am an academic and I need more insight on the islamic perspective and permissibility of such a case and what is the best course to follow.

Drop shipping

Q: Is drop shipping permissible in shariah? i.e. a person advertising an item, taking payment for it from a customer, and then informing the supplier to deliver the item directly to the customer?

Traveler's cheque

Q: A person comes to my shop with a traveller's cheque (a traveller's cheque is considered as cash because it is bought in lieu of cash) worth R5000 and he buys items worth 1000 and I take that check and give him 4000 back. Will this transaction be jaaiz?

Purchasing a tupperware package

Q: Is it permissible for a person to purchase a package while not having full knowledge of its contents? Also, there won't be any future disputes since both parties are happy with the sale. For e.g. The company "Tupperware" usually holds a sale once a year where you purchase a 'tupperware package', not knowing the exact quantity or type of tupperwares inside it, but the case is such that whatever you get will definitely satisfy you and turn out cheaper than the normal market value. Hence there is no question of disputes thereafter. Is such a sale permissible?

Extended warranty

Q: Is it permissible to purchase an extended warranty at the time of purchasing the item (in such a manner that the fee for the warranty will be regarded to be part of the purchase price of the item)?

BidorBuy payment options

Q: I wish to sell items via an online platform, BidorBuy. Buyers make payment directly to Bidorbuy. They then make the funds available to the Seller for payout. Bidorbuy takes a 1.5% cut of the sale as a commission. As a Seller, I am allowed to choose which payment methods I can make available for potential Buyers. Please advise on their permissibility (questions 1 - 6):

1. BobPay EFT BobPay EFT is available to Sellers provided they can receive payout requests into a South African bank account. Bidorbuy receives the EFT transfer from the Buyer and the Bidorbuy account of the Seller is then credited with this amount, minus the bank fees charged by Bidorbuy (currently set at 5% per transaction).

2. BobBucks BobBucks are Bidorbuy vouchers. Buyers are able to purchase items using BobBucks from Sellers who offer BobPay EFT. As far as Sellers are concerned, the BobBucks voucher credit will be treated in the same way as a BobPay EFT. The funds are credited to the Sellers' Bidorbuy account and they may request a payout. BobBucks will automatically be offered alongside BobPay EFT as a payment option. If Buyers purchase items valued at more than the BobBucks voucher, they will need to pay a top-up payment using other payment methods. If they purchase items valued at less than the BobBucks voucher, the 'change' will remain in their BobBucks account for them to use the next time they choose to.

3. BobPay Credit Card The BobPay Credit Card payment system allows Sellers to accept credit card payments from Buyers. Bidorbuy receives the credit card payment and the Bidorbuy account of the Seller is then credited with this amount, minus the bank fees charged by Bidorbuy (currently set at 5% per transaction). Sellers should note the risk of charge backs. The Seller ultimately takes the risk for reversal of the transaction in case the credit card was used fraudulently (a charge back can take place up to 180 days after the transaction).

4. Discovery Miles Buyers with Discovery Miles (which they earn with their Discovery Credit card) can shop on Bidorbuy and pay for items from Sellers that accept Discovery Miles.

5. PayLater PayLater facilitates loans up to R8000 through a third party registered credit provider. PayLater is only available to selected Sellers with a good track record on Bidorbuy. As soon as the Buyer's loan is approved, the funds will be matched to the relevant order in the Seller's Bidorbuy account.

6. Escrow service This involves using a trusted agent who keeps the money until the Buyer signals that the payment may be released to the Seller. Should there be any dispute, then the escrow company intervenes returning the money to the Buyer after the goods have been returned to the Seller, if applicable. This method is rather costly for Sellers and is occasionally used for high value transactions.

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7. As a Seller, I have to request a payout of the money in my Bidorbuy account. May I withdraw money in this manner, it is the only option:

Payout Requests

In order to withdraw funds that Bidorbuy is holding in your Bidorbuy account, you are required to make a payout request from the Bidorbuy website. Users have 1 free payout in a calendar month, regardless of the amount requsted. Thereafter a R5.00 BobPay transfer fee will be charged for any payout amount under R3,000.00. For amounts over R3,000.00, no BobPay transfer fee will be charged. If a user has used their 1 free payout and requests another payout below R3,000.00, the R5.00 BobPay transfer fee will be charged. If a user has R5.00 in their account, the system will not process the payment if a BobPay transfer fee is applicable.

A user can also not request less than R5.00 as a payout.

Selling an item before taking possession of it

Q: Salmaan owns a grocery store. Ismail phoned him and purchased a pack of long life milk from him. After concluding the sale on the phone, Ismail did not take possession of the milk but instead sold the milk to Bakr and asked Salmaan to deliver the milk directly to Bakr instead of bringing it to his store. Is it correct for Ismail to sell the milk to Bakr before taking possession of it?