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Fatwa #4363821 November 2019India

Can I accept recurring payments?

Question

Follow up of the question answered on 25-11-1440| 27-07-2019 by Brother Mirza-Zain Ibn Ameer Baig:

Hereunder is the hadeeth in reference.

عن أبي هريرة عن النبي ﷺ قال قال الله ثلاثة أنا خصمهم يوم القيامة: رجل أعطى بي ثم غدر و رجل باع حرا فأكل ثمنه و رجل إستأجر أجيرا فاستوفى منه و لم يعط أجره( رواه البخاري: ٤٢٢٧)

Translation: Abu Huraira (Radhiyallahu Anhu) reported: The Prophet (Sallallahu Alayhi Wasallam) said, “Allah said: There are three whom I will oppose on the Day of Resurrection: a man who gives his word by me but proves treacherous, a man who sells a free person and consumes his price, and a man who employs a worker and receives a completed job but he does not pay him his wages.” (Bukhari:4277)1

In principle, it is permissible to serve as an agent for academics and professors and offer their services to companies and universities.  The Hadith in reference refers to the selling of a human being who is not a slave.  It does not refer to selling the skills and services of a person.

In the enquired situation, you serve as an agent to get both parties connected and charge a fee for connecting the two persons. This is similar to a broker that links a buyer and seller and then charges a fee for his service2. However, it should be noted that the service fee should be a one-time fee and not a continuous fee accrued from the wages of the professor or academic.

Dear Brother in Islam,
As Salamalikum,
Jazakallah Khair for providing service to ummah. My question is a follow to the previous answer. As quoted by you:
 it should be noted that the service fee should be a one-time fee and not a continuous fee accrued from the wages of the professor or academic.
There are few affiliate companies who works on SaaS Model will give the recurring comissions to the user as mostly the end user pay the fees in monthly basis. Should I discard their fees right after their first installment or is it allowed as the user in this scenario is using pay per use model.
https://www.aweber.com/affiliates.htm
https://www.benchmarkemail.com/Partner/Affiliate-Partner
https://ontraport.com/partners/affiliates
https://www.rosehosting.com/vps-affiliate-program.html
https://instapage.com/products/affiliate-program
Secondly, in my previously enquired scneario some of the talent are pay per use. An university or the company might use the talent for specific duration and later they might discontinue. In short, I will be managing their talent. I am even responsible for their engagements, speaking gigs and even consulting assignments. 
Kindly guide me so that I can change my business model appropriately as per Islam. 
Jazakallah Khair for helping us in living life as per Islam and answering our queries. May Allah bless Mufti Ebrahim Desai and his students. Ameen

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

In the enquired scenario, affiliate marketing, as understood by the links provided, is referred to a type of performance-based marketing in which a company rewards an “affiliate” for each customer they bring to the company by his own marketing efforts. The company does not charge a fee to become an affiliate. Under the Affiliate Marketing scheme, a pay-per-use scheme refers to the company paying an affiliate when the affiliate sends them a customer who purchases something from the company.

Accordingly, if you act as a broker under such a scheme, it will be permissible for you to accept recurring payments as well, due to the norm of the industry.

As for your second question, you may act as their agent to manage their talents. You will be entitled to commission if you are the medium through which both parties are connected

And Allah Ta’āla Knows Best 

Mirza-Zain Ibn Ameer Baig

Student - Darul Iftaa

Montréal, Québec, Canada

Checked and Approved by,

Mufti Ebrahim Desai.

25-03-1441| 21-11-2019

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