Firstly, ” samsara ” is a non-Arabic word, but it has been used in Arabic and has taken on Arabic forms such as “simsar” which means the intermediary in a sale. It has also become a verb, “yusmsir” or “samsar”, and its noun form is “samsara”.
The origin of the term was used to refer to trade, as reported by Al-Khattabi. However, the Prophet (peace be upon him) changed it to the Arabic term for trade, as in the hadith: “The name for traders was ‘simsar’, but the Messenger of Allah (peace be upon him) changed it…” (reported by At-Tirmidhi, Al-Hakim, and authenticated by Adh-Dhahabi).
The meaning of “samsara” is the act of mediating between a seller and a buyer to facilitate the sale process. The intermediary between the two parties is called a “simsar”. Mediation can occur in various types of transactions such as the sale of a house or a car, or in a service such as renting a specific property.
Secondly, the fundamental principle in matters of transactions is that everything is permissible unless there is a prohibition explicitly stated. Allah says in the Quran: “O you who believe, fulfill [all] contracts” [Al-Ma’idah, 5:1], and “Allah has made trade lawful” [Al-Baqarah 2:275].
Therefore, the person who permits something does not need to provide evidence for its permissibility, but rather the one who prohibits it must provide evidence for its prohibition. In Islamic law, there is no prohibition on acting as an intermediary between the buyer and the seller, and it is considered permissible.
Thirdly, many jurists consider the brokerage fee as part of “ja’alah”, which is a term used for a reward given to a person for performing a specific task. The fundamental principle of “ja’alah” is based on the Quranic verse: “And whoever brings him the news of it shall have a reward of a load, and I will bear the responsibility of bringing it” [Yusuf, 12:72]. Thus, one party or both parties in a sale may agree to give a specific reward to the intermediary who facilitates the sale, whether by providing their expertise or bringing the parties together. Allah says in the Quran: “And cooperate in righteousness and piety…” [Al-Ma’idah, 5:2].
Fourthly, there are some issues related to the contract of brokerage:
1- The broker must be honest in what he transmits to each party.
2- The broker is not entitled to receive a fee until the sale or benefit is completed.
3- The broker is not obligated to inform each party of what they receive from the other party. And Allah knows best.
Fatwa by Dr. Khālid Naṣr