The Ruling on Taking a Deposit in Sales and Purchases

Question:
Finally, from the questions of the brother, he says: What is the rule regarding taking a deposit in sales and purchases? And Honorable Shaykh, if he leaves it, does he owe anything?

Answer:
Leaving it is better; because there is scholarly disagreement regarding the deposit. The deposit is what the buyer pays for the item in order to seek guidance on whether to take it or not? The buyer pays the deposit to the seller; if he decides to take it, he completes the price for him, and if he does not decide, then the deposit belongs to the seller in compensation for keeping it for him. This is a matter of disagreement. The majority hold that it is not permissible, while Imam Ahmad holds that it is permissible, because 'Umar (may Allah be pleased with him) paid a deposit through his agent in Makkah when he bought him the prison house. He gave him part of the price and said, "I will consult with 'Umar; if he is pleased, I will complete the payment for you." This is evidence for the permissibility of a sale with a deposit.