QUESTION
Assalamu Alaikum, Sheikh.
I hope you are well. I have a
question concerning a business transaction.
Suppose I agree to sell an item to a
woman for ₦20,000. I give her my bank account number so that she can
transfer the money to me. However, her phone develops a problem, so she goes to
a POS agent to make the transfer.
The POS agent deducts ₦300 as a service charge, so I receive only ₦19,700.
Who is responsible for paying the
₦300 POS charge—the buyer or the seller? Since we had already agreed that the
item would cost ₦20,000, do I have to bear the charge, or is she responsible
for it?
Also, is the sale valid in this
situation?
ANSWER
Wa Alaikumus Salam wa Rahmatullahi
wa Barakatuh.
May Allah bless your business
dealings and grant you lawful and beneficial earnings.
In principle, if the agreed price of
the item was ₦20,000, then that remains the agreed price unless both
parties agree to change it.
Therefore, if the buyer chooses to
use a POS agent and the agent charges her ₦300 for the payment service,
that charge does not automatically reduce the agreed price of the item from
₦20,000 to ₦19,700.
In this example, there are
effectively two separate matters:
- ₦20,000 — the agreed price of the
goods.
- ₦300 — the fee charged by the POS
agent for the payment service.
If the buyer sends only ₦19,700 and
the seller has not agreed to accept that amount as full payment, then ₦300
remains outstanding. The buyer should pay the remaining amount.
However, if the seller voluntarily
says, “I accept ₦19,700 as full payment and waive the remaining ₦300,”
then the seller may do so, and there would be no remaining debt.
Fulfilling
Agreements
Islam places great emphasis on
fulfilling lawful agreements. Allah says:
﴿يَا أَيُّهَا
الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ﴾
Transliteration:
Yā ayyuhal-ladhīna āmanū awfū bil-ʿuqūd.
English translation:
“O you who believe, fulfil the contracts.”
(Qur’an 5:1)
Thus, when two parties agree on a
particular price, each party should honour what was agreed upon, provided that
the agreement itself is lawful.
Allah also says:
﴿وَلَا تَبْخَسُوا
النَّاسَ أَشْيَاءَهُمْ﴾
Transliteration:
Wa lā tabkhasun-nāsa ashyā’ahum.
English translation:
“And do not deprive people of their due.”
(Qur’an 11:85)
This supports the general Islamic
principle that a person's established financial right should not be reduced
without their consent.
Is
the Sale Valid?
Yes, the sale can be valid.
The fact that the buyer used a POS
agent to transfer the money does not, by itself, invalidate the sale. What
matters is that the essential elements and conditions of the sale are
fulfilled, including agreement concerning the goods, the price, and the other
relevant conditions.
If the agreed price was ₦20,000 but
only ₦19,700 was received, the sale does not automatically become invalid
simply because ₦300 is outstanding. Rather, the remaining ₦300 remains
payable, unless the seller agrees to waive it or both parties agree to
another arrangement.
What
If There Was a Different Agreement?
The ruling may be different if the
parties had agreed beforehand that the stated ₦20,000 was the maximum amount
the buyer would pay, including any transaction charges associated with the
payment method.
For example, if the seller
explicitly agreed that the buyer could send ₦19,700 after the POS fee was
deducted, then the seller would be bound by that agreement.
Therefore, the decisive factor is
not simply who physically receives the charge, but what the parties agreed
regarding the price and payment charges.
In
Summary
- Agreed price of the goods:
₦20,000.
- Amount received by the seller:
₦19,700.
- POS service charge: ₦300.
- If the seller did not agree to bear the charge, the
buyer remains responsible for ensuring that the seller receives the full
agreed price.
- The outstanding amount is ₦300.
- The seller may voluntarily waive the ₦300 if she
wishes.
- The use of a POS agent does not by itself invalidate
the sale.
- If the parties had previously agreed that transaction
charges would be deducted from the ₦20,000, then that agreement should be
honoured.
The safest approach in business
transactions is to make payment terms clear beforehand: Is the quoted price
the amount the seller must receive, or is it the total amount the buyer will
spend including payment charges?
Clear agreement prevents disputes
and protects the rights of both parties.
Wallāhu aʿlam — And Allah knows
best.
Zauren Fatawoyi Bisa Al-Qur’ani da Sunnah
Zauren Fatawoyi Bisa Alkur'ani Da Sunnah.
ﺳُﺒﺤَﺎﻧَﻚَ ﺍﻟﻠَّﻬُﻢَّ ﻭَﺑِﺤَﻤْﺪِﻙَ ﺃﺷْﻬَﺪُ ﺃﻥ ﻟَﺎ ﺇِﻟَﻪَ ﺇِﻻَّ ﺃﻧْﺖَ ﺃﺳْﺘَﻐْﻔِﺮُﻙَ ﻭﺃَﺗُﻮﺏُ ﺇِﻟَﻴْﻚ
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