The ruling on a seller taking a deposit from a buyer to guarantee the purchase of the goods
Machine translationRead the Arabic original
Question:
This questioner says: Shaykh, a man wanted to buy certain clothes from a seller, but he found that they were out of stock. So the seller asked the buyer for a deposit to guarantee that he would buy these clothes from him if he brought them after a week, or less, or more. Is this permissible, or does it fall under selling what one does not own?
Answer:
This is not permissible because the item being sold is not in the seller's possession; rather, he will bring it, perhaps he will bring it, or perhaps he will not be able to bring it. Therefore, there is no sale until the goods are brought. Yes, if the goods are described in the debt and the description is fixed, then it is permissible to buy from him, but on the condition that the price is paid in the meeting, so that it does not become a sale of a debt for a debt. Yes.
This questioner says: Shaykh, a man wanted to buy certain clothes from a seller, but he found that they were out of stock. So the seller asked the buyer for a deposit to guarantee that he would buy these clothes from him if he brought them after a week, or less, or more. Is this permissible, or does it fall under selling what one does not own?
Answer:
This is not permissible because the item being sold is not in the seller's possession; rather, he will bring it, perhaps he will bring it, or perhaps he will not be able to bring it. Therefore, there is no sale until the goods are brought. Yes, if the goods are described in the debt and the description is fixed, then it is permissible to buy from him, but on the condition that the price is paid in the meeting, so that it does not become a sale of a debt for a debt. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 2265 - حكم أخذ البائع عربون من المشتري لضمان شراء السلعة - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
