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Fatwa CenterA broker may take a commission, but an employee may not
Question
As Salaam o alaikom, My husband deals in manufacture of packaging goods. Sometimes he has to deal with the manager for orders , of which some are non muslims and are open to commission to give orders. Is it permissible to give them commission for getting orders, where he will supply a good quality product at reasonable price. Secondly, there are some agents who do not work under any company but get orders, act as middlemen and charge commission for there work. Is it permissible? Lastly if my husband is happy with the subordinate staff who are no where connected to helping in giving order. Just as appreciation if he gives a diary as gift once in a year. Is it permissible? Please answer my queries soon... Jazak Allah Khair.
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
What is given to an employee for his profession and his job – as in the case of these managers and agents – is considered a bribery that is forbidden to give or to take. The Prophet 
said: "The gifts for workers are considered as taking money illegally." [Ahmad]
Besides, it is reported that the Prophet appointed a man named Ibn Al-Lutbiyyah, from Al-Azd tribe, to collect the Zakah. When he came forth (after collections) he said: “This is for you and this was given to me as a gift.” So the Prophet, sallallaahu ‘alayhi wa sallam, stood and spoke, saying: “Why didn't he remain in his father's house or his mother's house and see whether gifts would be given to him or not?” [Al-Bukhari and Muslim]
As for the brokers, then if they are really brokers and not employed agents like the case of those whom you mentioned in the question, then your husband may pay them a commission in return for them bringing him people who would buy goods from him. This is a type of brokery which is lawful whether it is with a fee or without a fee (paid or unpaid). "Ibn Seereen, ‘Ataa’, Ibraaheem, and Al-Hasan did not see anything wrong for a broker to take a commission." [Al-Bukhari]
As regards the diary, then gifting it and accepting it as a gift is permissible and we do not see anything wrong with it. It is a custom for commercial companies and corporations to offer such gifts as promotional material and the like and this does not lead to any harm.
Allaah Knows best.
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