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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the earnest money a right for the seller if the sale is not completed?

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Question:
Honorable Shaykh, may Allah grant you success, he says: Is the earnest money a right for the seller if the sale is not completed? And is taking it lawful?

Answer:
Yes, according to Ahmad and a group of scholars, the sale with earnest money is lawful. If the seller does not proceed and the buyer does not take the goods, the earnest money belongs to the buyer. If he detained it with him, detaining the goods and causing him to lose customers, yes, then the earnest money serves as compensation for the harm that occurred to the seller during the waiting period. Yes. A.
The sale with earnest money is valid because the governor of Makkah in the time of the Messenger (peace and blessings be upon him) bought the house of the prison. He bought the house of the prison, the house of al-Nadwah, for the prison for a price. He said, “On the condition that I consult with ‘Umar (may Allah be pleased with him). If he approves the sale, I will give you the price.” He gave him some dirhams and said, “Take this as earnest money. If ‘Umar (may Allah be pleased with him) is pleased, we will take the house and give you the rest of the price. If ‘Umar (may Allah be pleased with him) is not pleased, the earnest money is yours.” So ‘Umar (may Allah be pleased with him) approved it, meaning he approved this transaction, which indicates the validity of the sale with earnest money. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [1664 -3022] هل العربون حقٌ للبائع إذا لم يتم البيع؟ - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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