What is the ruling on the deposit, which is when the lessee or buyer places a portion of the price of the item, and if he receives it, he completes the rest of the amount, and if he retracts his statement, the owner of the item takes the deposit?
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The questioner : May Allah reward you. This person says: What is the ruling on the deposit, which is when the lessee or buyer places a portion of the price of the item, and if he receives it, he completes the rest of the amount, and if he retracts his statement, the owner of the item takes the deposit?
The Shaykh : Do you know what the deposit is?
The student: Yes.
The Shaykh : A person buys an item from a man and says: This is the deposit. If the sale is completed, it is the first part of the price; if the sale is not completed, it is yours. Is this permissible or not permissible? Brother, please clarify this for us? Clarify for us what the ruling on the deposit is. If Allah wills, we will clarify it ourselves. Yes, that is fine.
The student: ... .
The Shaykh : He paid half of the item to whom?
The student: The seller.
The Shaykh : The seller is the seller of the item. How does he pay him half of the item?
The student: ... .
The Shaykh : He paid half of the item to the item being sold. The item being sold is the merchandise.
The student: ... .
The Shaykh : Focus, my son. What is the benefit of you looking at people? Yes, what is the benefit? Stay with us with your heart and soul. Sit down, sit down.
The sale with a deposit is when the buyer gives the seller a portion of the price and says: If the sale is completed, it is the first part of the price; if it is not completed, it is yours. The scholars differed on this transaction: is it permissible or not? The correct view is that it is permissible, based on the saying of Allah the Exalted:[Al-Ma'idah 5:1] This is a contract with the consent of both parties and does not contain any prohibited element. Because if the buyer returns the item, he will not return it and keep the deposit for the seller unless he sees that this is what? Better for him. And likewise, the seller did not agree to the item being returned to him unless he sees that this deposit is better for him. So both parties see that this is better, and there is no prohibition in the contract. The most that can be said is that it is a contract suspended by a condition, and the correct view is that suspending a contract by a condition is permissible, unless there is a prohibition. And on this basis, the sale with a deposit is permissible and there is nothing wrong with it. If the sale is completed, it is the first part of the price; if the sale is not completed, it belongs to the seller. This was narrated from 'Umar ibn al-Khattab (may Allah be pleased with him), and it is a sound opinion. Yes.
The questioner : ...
The Shaykh : This is weak.
The Shaykh : Do you know what the deposit is?
The student: Yes.
The Shaykh : A person buys an item from a man and says: This is the deposit. If the sale is completed, it is the first part of the price; if the sale is not completed, it is yours. Is this permissible or not permissible? Brother, please clarify this for us? Clarify for us what the ruling on the deposit is. If Allah wills, we will clarify it ourselves. Yes, that is fine.
The student: ... .
The Shaykh : He paid half of the item to whom?
The student: The seller.
The Shaykh : The seller is the seller of the item. How does he pay him half of the item?
The student: ... .
The Shaykh : He paid half of the item to the item being sold. The item being sold is the merchandise.
The student: ... .
The Shaykh : Focus, my son. What is the benefit of you looking at people? Yes, what is the benefit? Stay with us with your heart and soul. Sit down, sit down.
The sale with a deposit is when the buyer gives the seller a portion of the price and says: If the sale is completed, it is the first part of the price; if it is not completed, it is yours. The scholars differed on this transaction: is it permissible or not? The correct view is that it is permissible, based on the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودThe questioner : ...
The Shaykh : This is weak.