Valid & Invalid transactions

Paying a percentage of the bill as wages for the waiter

Q: Certain Muslim restaurants have made it a rule that a 10% hospitality fee (tips for waiters) must be paid over and above the bill. In some cases, it is clearly indicated on menus and notices, and in others, it is not advertised. Is it Islamically correct for restaurants to charge this fee? We, the customer, have no choice in paying this additional tip if we decide to eat there.

Buying kitaabs online

Q:

A) I sent to emails to an islamicbooks website email saying

i) "Id like to order the following books to ** ******** Street ******** *** *** (Postcode). How much will it be with postage?"

ii) "I would like to order the following (these were names of kitabs) 1 ***** ***** 2 ***** ***** 3 **** ******* to this address ** ****************, *****, *******, *** ***, Can you send me the price of each one with total items postage? Jazakallahu khairaa"

B) Unfortunately without telling the price the books were shipped to my house.

C) After receiving the kitabs I have written some stuff in one kitaab.

D) Then (after writing) the price of the kitaabs and postage was told and the money was payed. I am happy with the books and price. Is it wajib for this bay to be cancelled?

Incomplete sale

Q: Mohammed and Abdul Kader own a business property on a 50/50 basis. Mohammed offers to sell 50% of his portion of the property to Abdul Kader for R1 250 000.00 which was to be paid cash. Abdul Kader accepts the offer but doesn't pay a cent. Is the sale complete? If Abdul Kader didn't pay, is Mohammed entitled to the rentals? Can Abdul Kader say that he is paying terms when the term period was not fixed or arranged with Mohammed?

Advertising an item that one does not have possession off

Q:

1. Say I place advertisements for commodities that I do not have possession of. The advert will not mention that I do not currently possess such items. Anyone seeing the advert the will be given the impression that I do possess such items, but no lie/deception will take place. Then when customers contact regarding these products I will take down their orders, but not take payment. Only once I purchase and physically possess these items from my supplier, I will then contact the customers regarding payment. Is this manner of advertising commodities that I do not have possession of permissible?

2. After paying the supplier for the product, the supplier sends it to me via a courier company. Whilst this product is still travelling to me across the country in the possession of the courier company, but nevertheless after I have paid for the product, can I sell such a product to a customer?

Drop Shipping

Q: Is the trading concept of 'Drop Shipping' permissible? If yes, please provide some tips/advice on the correct methods to use as a Muslim trader. There are a few issues that can occur. Examples:

-Seller does not have physical stock of the item.

-Seller does not see the condition of the item (as it goes directly to the customer).

-Seller may realize that the supplier is out of stock on an item after the customer makes a purchase.

Your assistance will greatly be appreciated.