The Ruling on the Deposit When the Buyer Withdraws
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. He says: We offered a shop for lease and took a deposit of two thousand riyals. If the buyer changes his mind about the shop, what happens to the deposit?
The Shaykh:
Is it a purchase or a lease?
The questioner:
He says lease. He says: We offered a shop for lease.
The Shaykh:
What does lease mean? Lease means that you are the tenant of the shop and you want to leave and want to leave someone in your place; this is lease. Purchase is not lease, and it is not hire. If you buy an item from a person, you have the option. If you paid him a deposit and then you or he withdraws from the sale, the deposit belongs to the other party as compensation for having held his goods.
He says: Honorable Shaykh, may Allah grant you success. He says: We offered a shop for lease and took a deposit of two thousand riyals. If the buyer changes his mind about the shop, what happens to the deposit?
The Shaykh:
Is it a purchase or a lease?
The questioner:
He says lease. He says: We offered a shop for lease.
The Shaykh:
What does lease mean? Lease means that you are the tenant of the shop and you want to leave and want to leave someone in your place; this is lease. Purchase is not lease, and it is not hire. If you buy an item from a person, you have the option. If you paid him a deposit and then you or he withdraws from the sale, the deposit belongs to the other party as compensation for having held his goods.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من أبواب اجتناب النجاسات ومواضع الصلوات — islamhouse.com (1:06:13)
The Arabic text is a machine transcription of the audio recording.