The Ruling on the Sale of the Deposit
Machine translationRead the Arabic original
The earnest money that the buyer pays to the seller on the condition that he will bring the rest of the amount tomorrow,Or the seller says: Did you buy it?He said: Yes,He said: “Give me an earnest payment,” so he took five thousand riyals, or a thousand, or more or less, then he left and did not come back, and the goods were sold after that. Is the earnest money that was taken to be returned to the buyer?
The valid sale with earnest money is permissible, and the seller owns it,For example, you say: “I bought this car from you for fifty thousand, and this is an earnest payment of five thousand. If the sale is completed, it is the first part of the price, and if the sale is not completed, it belongs to the seller.” Although this involves a condition on the sale, it does not harm; because it is in the interest of both parties. For this reason, it was reported from 'Umar ibn al-Khattab (may Allah be pleased with him) that this sale is valid, and it is in the interest of everyone. As for the seller’s interest, it is apparent; because he will receive money and his goods are with him. We only permitted him that, although he did not pay a consideration for it, because the value of the goods will decrease if it is known that they were bought and people lose interest in them. As for the buyer, his interest is that he is saved from paying the entire price.
The valid sale with earnest money is permissible, and the seller owns it,For example, you say: “I bought this car from you for fifty thousand, and this is an earnest payment of five thousand. If the sale is completed, it is the first part of the price, and if the sale is not completed, it belongs to the seller.” Although this involves a condition on the sale, it does not harm; because it is in the interest of both parties. For this reason, it was reported from 'Umar ibn al-Khattab (may Allah be pleased with him) that this sale is valid, and it is in the interest of everyone. As for the seller’s interest, it is apparent; because he will receive money and his goods are with him. We only permitted him that, although he did not pay a consideration for it, because the value of the goods will decrease if it is known that they were bought and people lose interest in them. As for the buyer, his interest is that he is saved from paying the entire price.