If the buyer says to the seller, "If the sale is not finalized, you will return the earnest money to me," is this valid?
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The questioner : If the buyer means, as we said, "O Shaykh, I gave the seller five hundred riyals for the car, and then he said it was an earnest payment. If he backs out of the sale or the purchase, he said that..."
The Shaykh : How?
The questioner : To resolve the disagreement.
The Shaykh : And how do you resolve the disagreement?
The questioner : I mean, I spoke with him so that he would hold this merchandise for me... not sell it. Then the car did not suit me... what... we said he takes the earnest money.
The Shaykh : What do you say about this?
The questioner : ... .
The Shaykh : He says the issue of the earnest money confused him. He says, "I bought a car and gave a man an earnest payment of one thousand riyals. Then the car did not suit me, so I returned it to him. I said, 'Give me back the one thousand riyals I gave you. Why should it remain with him?' Do you understand or not?"
The questioner : Yes.
The Shaykh : And we say that this is valid, and we have a report and a reasoning for it. But our brother Muhammad Mahjub may have missed the report and the reasoning. All right, what is the report?
The questioner : ... .
The Shaykh : Yes, the report is from 'Umar ibn al-Khattab that he did this or permitted it. The reasoning?
The questioner : That it is with the consent of the buyer.
The Shaykh : Huh?
The questioner : The consent of the seller.
The Shaykh : Consent is not sufficient, may Allah reward you, because even in riba, people consent to it.
The questioner : ... .
The Shaykh : Yes, yes, yes? Nasser?
The questioner : In... the past... the sale of the item, because delaying the sale, meaning the buyer's refusal to purchase, may reduce its value...
The Shaykh : Yes, but this is in the interest of both parties. It is in the interest of both parties. First, the buyer, if it is convenient for him to annul the sale, if finalizing the sale were better for him, he would have finalized it, but he sees that annulling the sale is better for him.
The questioner : What is the condition, O Shaykh...
The Shaykh : Be patient, man. He sees that it is better for him. Likewise, it is better for the seller to take the earnest money, because the item will lose value if people talk. They will say, "By Allah, so-and-so bought it and returned it, and he returned it even though there was a large earnest payment on it." They will say, "Then it means it is completely unsuitable." So there is a report and a reasoning. Yes?
The questioner : Shaykh?
The Shaykh : Yes, please, Abdullah? Is Yahya al-Ra'i present? Yes?
The Shaykh : How?
The questioner : To resolve the disagreement.
The Shaykh : And how do you resolve the disagreement?
The questioner : I mean, I spoke with him so that he would hold this merchandise for me... not sell it. Then the car did not suit me... what... we said he takes the earnest money.
The Shaykh : What do you say about this?
The questioner : ... .
The Shaykh : He says the issue of the earnest money confused him. He says, "I bought a car and gave a man an earnest payment of one thousand riyals. Then the car did not suit me, so I returned it to him. I said, 'Give me back the one thousand riyals I gave you. Why should it remain with him?' Do you understand or not?"
The questioner : Yes.
The Shaykh : And we say that this is valid, and we have a report and a reasoning for it. But our brother Muhammad Mahjub may have missed the report and the reasoning. All right, what is the report?
The questioner : ... .
The Shaykh : Yes, the report is from 'Umar ibn al-Khattab that he did this or permitted it. The reasoning?
The questioner : That it is with the consent of the buyer.
The Shaykh : Huh?
The questioner : The consent of the seller.
The Shaykh : Consent is not sufficient, may Allah reward you, because even in riba, people consent to it.
The questioner : ... .
The Shaykh : Yes, yes, yes? Nasser?
The questioner : In... the past... the sale of the item, because delaying the sale, meaning the buyer's refusal to purchase, may reduce its value...
The Shaykh : Yes, but this is in the interest of both parties. It is in the interest of both parties. First, the buyer, if it is convenient for him to annul the sale, if finalizing the sale were better for him, he would have finalized it, but he sees that annulling the sale is better for him.
The questioner : What is the condition, O Shaykh...
The Shaykh : Be patient, man. He sees that it is better for him. Likewise, it is better for the seller to take the earnest money, because the item will lose value if people talk. They will say, "By Allah, so-and-so bought it and returned it, and he returned it even though there was a large earnest payment on it." They will say, "Then it means it is completely unsuitable." So there is a report and a reasoning. Yes?
The questioner : Shaykh?
The Shaykh : Yes, please, Abdullah? Is Yahya al-Ra'i present? Yes?