Paying a deposit when purchasing goods
Machine translationRead the Arabic original
The questioner:
May Allah guide you, Honorable Shaykh. This questioner says: A man wanted to buy some goods, so the seller said to him, "You must pay a symbolic amount so that I can reserve these goods for you, and when you bring the rest of the price, I will give you the goods." It is known that if the buyer is unable to pay the price of the goods, the questioner does not return the symbolic amount he gave at the beginning. What is the ruling on this transaction in Islam?
The Shaykh:
Is it not the case that if the item sold is specific, and he bought a specific item that is in the possession of the seller? It is in the seller's possession, and he said, "It is at your option for a period of so much." But the seller asked him to give him a deposit; if he decides on the item, it counts toward the price, and if he requests the item, he tells the seller that he wants the item. This is permissible. This is the sale of the deposit.
The questioner:
What? This is for a specific item in the seller's possession, and he said, "The option is for a period of so much," and he said, "It does not contradict, but it delays the beginning. The beginning... I am coming to give it to him."
The Shaykh:
Ahmad (may Allah have mercy on him), or according to the Imams, three things are not permissible to specify, but according to Imam Ahmad, it is permissible, because 'Umar (may Allah be pleased with him) did it. When he bought a house in the prison, the agent gave the seller part of the price and said, "Until 'Umar is pleased or consults 'Umar, and if he is pleased, I will complete the sale." So 'Umar approved this sale of goods, for a specific, known item.
As for the sale in the debt, the sale of described goods in the debt that is determined by the description, this is permissible because its ruling is the ruling of a forward sale. However, it is necessary to take possession of the entire price in the session of the contract. It is necessary to take possession of the whole price in the session of the contract, otherwise it becomes a sale of debt for debt, and this is not permissible.
The presenter:
May Allah bless you
May Allah guide you, Honorable Shaykh. This questioner says: A man wanted to buy some goods, so the seller said to him, "You must pay a symbolic amount so that I can reserve these goods for you, and when you bring the rest of the price, I will give you the goods." It is known that if the buyer is unable to pay the price of the goods, the questioner does not return the symbolic amount he gave at the beginning. What is the ruling on this transaction in Islam?
The Shaykh:
Is it not the case that if the item sold is specific, and he bought a specific item that is in the possession of the seller? It is in the seller's possession, and he said, "It is at your option for a period of so much." But the seller asked him to give him a deposit; if he decides on the item, it counts toward the price, and if he requests the item, he tells the seller that he wants the item. This is permissible. This is the sale of the deposit.
The questioner:
What? This is for a specific item in the seller's possession, and he said, "The option is for a period of so much," and he said, "It does not contradict, but it delays the beginning. The beginning... I am coming to give it to him."
The Shaykh:
Ahmad (may Allah have mercy on him), or according to the Imams, three things are not permissible to specify, but according to Imam Ahmad, it is permissible, because 'Umar (may Allah be pleased with him) did it. When he bought a house in the prison, the agent gave the seller part of the price and said, "Until 'Umar is pleased or consults 'Umar, and if he is pleased, I will complete the sale." So 'Umar approved this sale of goods, for a specific, known item.
As for the sale in the debt, the sale of described goods in the debt that is determined by the description, this is permissible because its ruling is the ruling of a forward sale. However, it is necessary to take possession of the entire price in the session of the contract. It is necessary to take possession of the whole price in the session of the contract, otherwise it becomes a sale of debt for debt, and this is not permissible.
The presenter:
May Allah bless you
Source
75-اللقاء الأسبوعي مع الشيخ صالح الفوزان - 23 — archive.org (45:09)
The Arabic text is a machine transcription of the audio recording.