The Ruling on Paying a Deposit in a Sale
Machine translationRead the Arabic original
Question:
Honorable Shaykh. This questioner says: A man wanted to buy some goods, so the merchant told 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 your goods." It is understood that if the buyer is unable to pay the price of the goods, the merchant does not return the symbolic amount he gave at the beginning. What is the ruling on this transaction in Islam?
Answer:
This requires a distinction. If the item being sold is specific, and he bought a specific item that is in the seller's possession, and the seller said to him, “You have the option to buy it for such and such a duration.”
But the seller asked him to give him a deposit: if he decides to take the item, he will take it and it will be counted toward the price; and if he leaves the item, it belongs to the seller as compensation for holding the item. This is permissible. This is the sale with a deposit. This applies to a specific item in the seller's possession, which he bought, and the seller said, “You have the option for such and such a duration, and nothing contradicts this, but give me a deposit. I am afraid you will let it go, so I will hold the item.” This is permissible; there is no harm in paying the deposit.
According to Imam Ahmad (may Allah have mercy on him), and not according to the three Imams, the sale of a deposit is not permissible, but according to Imam Ahmad it is permissible, because 'Umar (may Allah be pleased with him) did it. When his agent in Makkah bought a house for the prison and gave the seller part of the price, he said, "Until 'Umar is satisfied or consults with 'Umar, if he is satisfied, I will complete the payment for you." So 'Umar approved that. This is the sale of a deposit for a specific, known item. As for the sale on credit, the sale of a described item in the debt, the sale of a described item in the debt that is defined by its description, this is permissible because its ruling is the ruling of a forward sale. However, the entire price must be taken possession of in the session of the contract. The entire price must be taken possession of in the session of the contract, otherwise it becomes a sale of a debt for a debt, and this is not permissible.
The presenter:
May Allah reward you,
Honorable Shaykh. This questioner says: A man wanted to buy some goods, so the merchant told 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 your goods." It is understood that if the buyer is unable to pay the price of the goods, the merchant does not return the symbolic amount he gave at the beginning. What is the ruling on this transaction in Islam?
Answer:
This requires a distinction. If the item being sold is specific, and he bought a specific item that is in the seller's possession, and the seller said to him, “You have the option to buy it for such and such a duration.”
But the seller asked him to give him a deposit: if he decides to take the item, he will take it and it will be counted toward the price; and if he leaves the item, it belongs to the seller as compensation for holding the item. This is permissible. This is the sale with a deposit. This applies to a specific item in the seller's possession, which he bought, and the seller said, “You have the option for such and such a duration, and nothing contradicts this, but give me a deposit. I am afraid you will let it go, so I will hold the item.” This is permissible; there is no harm in paying the deposit.
According to Imam Ahmad (may Allah have mercy on him), and not according to the three Imams, the sale of a deposit is not permissible, but according to Imam Ahmad it is permissible, because 'Umar (may Allah be pleased with him) did it. When his agent in Makkah bought a house for the prison and gave the seller part of the price, he said, "Until 'Umar is satisfied or consults with 'Umar, if he is satisfied, I will complete the payment for you." So 'Umar approved that. This is the sale of a deposit for a specific, known item. As for the sale on credit, the sale of a described item in the debt, the sale of a described item in the debt that is defined by its description, this is permissible because its ruling is the ruling of a forward sale. However, the entire price must be taken possession of in the session of the contract. The entire price must be taken possession of in the session of the contract, otherwise it becomes a sale of a debt for a debt, and this is not permissible.
The presenter:
May Allah reward you,
Source
75-اللقاء الأسبوعي مع الشيخ صالح الفوزان - 26 — archive.org (49:10)
The Arabic text is a machine transcription of the audio recording.