What is the ruling on this transaction, where a man says, “I will give you 5,000 as a deposit for one week. If you come to me, otherwise the deposit is yours”?
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Question:
He says: Honorable Shaykh, may Allah grant you success, it is attributed to you that you permitted this transaction. A man comes to another man who has land and says to him, “I will give you five thousand riyals as a deposit for one week. If I come to you within the week, the land is mine and I will complete the amount for you. Otherwise, the deposit is yours.” Then this buyer takes the deposit and offers the land for sale at a price higher than its value. If he finds a third buyer, he brings him to the office or the landowner, writes a contract with him, gives him the value of the land, and takes the remainder. Do you permit this transaction?
Answer:
Yes, this is the school of Imam Ahmad. Taking a deposit—Imam Ahmad permitted taking a deposit. And 'Umar (may Allah be pleased with him) did this during his caliphate when he bought the prison house in Makkah. He paid the owner of the house a deposit. The governor of Makkah bought the prison house and paid him part of the price, saying, “I will consult 'Umar. If he is pleased, I will complete the price for you. Otherwise, the deposit is yours.” So this was the action of 'Umar, and 'Umar permitted it. It is the school of Imam Ahmad, and there is no harm in this.
He says: Honorable Shaykh, may Allah grant you success, it is attributed to you that you permitted this transaction. A man comes to another man who has land and says to him, “I will give you five thousand riyals as a deposit for one week. If I come to you within the week, the land is mine and I will complete the amount for you. Otherwise, the deposit is yours.” Then this buyer takes the deposit and offers the land for sale at a price higher than its value. If he finds a third buyer, he brings him to the office or the landowner, writes a contract with him, gives him the value of the land, and takes the remainder. Do you permit this transaction?
Answer:
Yes, this is the school of Imam Ahmad. Taking a deposit—Imam Ahmad permitted taking a deposit. And 'Umar (may Allah be pleased with him) did this during his caliphate when he bought the prison house in Makkah. He paid the owner of the house a deposit. The governor of Makkah bought the prison house and paid him part of the price, saying, “I will consult 'Umar. If he is pleased, I will complete the price for you. Otherwise, the deposit is yours.” So this was the action of 'Umar, and 'Umar permitted it. It is the school of Imam Ahmad, and there is no harm in this.
Source
قناة «العلامة الدكتور صالح الفوزان»، [87 -1024]ما حكم هذه المعاملة وهو قول الرجل أعطيك 5 ألف عربون لمدة أسبوع فإن جئتك وإلا فالعربون لك؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
