Selling You-tube videos and social media accounts
Question:-
Is it permissible to make money from YouTube and other social media channels by making videos and posting them, or by selling social media accounts?
If possible, can I get a reference please?
Answer:-
We assume that your query pertains to making YouTube videos that are free of animate pictures, music or anything else that is Haraam. A YouTube video or account is not a tangible item that can be purchased or sold. For the validity of the sale in the Hanafi Madhab, the item of sale must be a tangible item.
Yes, if the seller is charging for his labour to produce the video (such as shoe being advertised for a certain price), or he charges a fee for setting up an account for you and providing a password etc., then doing so will be permitted. However, the sale of the video or account is not permitted.
Some of the current day Muftis such as Mufti Taqi Uthmani Saheb Daamat Barakaathum, has permitted the sale or purchase of a website even though it is not a tangible item. [Fataawa Uthmaani Pg.249 Vol.3]
According to Jadeed Fiqhi Masaa’il, rights (such as copyrights, purchase and sale of websites etc.) that are not discussed in the Quraan and Hadith but some monetary benefit is attached to it, and taking a fee in lieu of such a right has become the norm in society which does not clash with the wisdom and benefit of Shariah, then taking an exchange (money) in lieu of such a right is permitted in Shariah. However, the matter should be referred to the Darul Iftas and Muftis to determine which rights may be sold in lieu of an exchange, and which rights cannot be sold. (This means that this is not a general rule for all to act upon but is left to the discretion of the Muftis). [Re:- Jadeed Fiqhi Masa’il Pg.115 Vol.4]
The above ruling provides some concession for the sale of a website, although a website is not a tangible item as one is able to benefit from a website, and the sale of websites has become the norm in society.
However, it will be safer and more cautious to adopt the initial view of the Madhab (which is still the view of many current day Muftis and our view as well) that the sale of rights is not permitted. In other words, for the validity of a sale, the item needs to be tangible.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 14 Rabi-ul-Aakhir 1444 / 09 November 2022