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Taking A Discount/Points Given To A Company For Yourself

Answered as per Hanafi Fiqh by Darulifta Azaadville

Question:

(1) A customer came to me to purchase merchandise for the company she works for.

Due to her purchasing in bulk, if she had asked, I would have normally given a discount on the purchase. She knowing this, however asked me to make an invoice out with my normal retail price, and to not give a discount but rather give her an item (for her personal usage) worth the value of the discount I would have given, had she requested a discount.

She has a budget from her company for the purchase,  and my normal retail price on the items is within the budget of the company.

If I do not agree to this, she will not purchase from me, but get the merchandise from another store.

I thus have 2 options, the first is to charge my normal retail price for the goods (which the company is prepared to pay) and give the customer/ person doing the purchase a gift, or the second option is to refuse to give the gift, and the customer will definitely not purchase from me, and will get the products from another store.

a) Is this permissible for me to do? (invoice and charge the normal price for the goods, and give the buyer an item for free)

b) If no, then I have done this once in the past, how do I make up for this.

(2) I purchase goods on behalf of Masaajid and Madaaris, I use the money belonging to each institute for the items which the institute requires.

Many of the stores where I make purchases give rewards points etc. when a purchase is made.

These rewards/points are given to me or put onto my account to use for a future purchase.

a) Who do these points belong to?

b) Can I utilise them for my personal needs?

Answer:

(1) Any customer that purchases goods in bulk from a retail store generally requests the shopkeeper for a discount. This is the norm in our country and it is for this reason many local people have formed bulk buying clubs (that purchase in bulk) hence qualifying to purchase at a discounted rate. You too have stated in your query that you would generally afford a discount to a customer buying in large quantity when requested. Also, the customer acting on behalf of the company is aware that a discount is afforded on bulk buying yet she did not request it, as she was desirous of a particular item equivalent to the value of the discount. Had she not been receiving an item (in lieu of the discount) she too would have ensured that the company receives the discount in full. 

 

Now, the discount (afforded to bulk buyers) is a right of the company and should be afforded to the company in full. It is therefore incorrect for the purchaser to overlook the discount and take an item (equal in value to the discount) from the retailer for her own benefit. You as the retailer or shopkeeper should afford the correct discount to the company (when requested) and not entertain the request of the purchaser as stated in your query. It is therefore Waajib to return the overcharged amount (which may be the value of the gifted item) to the company.

 

دکاندار کمپنی کے ملازم سے کہتے ہے کہ اگر آپ کمپنی کا سامان ہم سے خریدیں گے تو ہم آپ کو اتنے فیصد کمیشک دیں گے – کیا ملازم کے لئے یہ کمیشن لینا جائز ہے؟

الجواب :-  یہ کمیشن کے نام سے سامان کی قیمت میں رعادت ہے جو کمپنی کا حق ہے  ، اس لئے ملازم  کا  اسے اپنے استعمال میں لانا جائز نہیں – کمپنی کو لوٹانا واجب ہے  – احسن الفتاوی ص۱۰۲ ج۸  

 

Yes, there is a way of overcoming the issue without deceiving the company. You as the retailer may invoice the items correctly at the normal wholesale or bulk rate so that the company is charged correctly and fairly for the items purchased. The concluded transaction in this instance will be in order. Now, you as the shopkeeper may gift the purchaser (as a token of thanksgiving) any item/s of your choice (only if you wish to), for purchasing from your particular store. This is an independent transaction from your side and in no way a condition or part of the previous transaction on behalf of the company. We hope that this clarifies the matter.

(2) The points (which is merely a right and holds no value in Shariah) are only afforded to customers who hold a gift card for the relevant store. In other words, customers purchasing at the same store but without a gift card do not qualify for points. This means that the points afforded to the customer (by the store) is a right which is transferred over to the card holder. Therefore, the points transferred to you (the card holder) will be for your benefit and not for the Masjid /Madrasah, even though purchases were made for the benefit of the Masjid/ Madrasah, hence it may be used for your personal needs.

This answer was collected from the official Ifta website of Darul Uloom Azaadville, South Africa. Most of the answers are checked and approved by Mufti Muhammed Saeed Motara Saheb D.B.

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