What is the ruling on selling with a deposit, even if the sale does not take place?
Machine translationRead the Arabic original
The questioner : How are you, O Shaykh?
The Shaykh : Praise be to Allah.
The questioner : May Allah bless you.
The Shaykh : May Allah preserve you.
The questioner: In how many questions.
The Shaykh: Go ahead.
The questioner: I ask, if Allah wills.
The Shaykh: Go ahead.
The questioner: The first question regarding the matter of the deposit. If a person gives someone a deposit for an apartment, for example, this is the reality, meaning a deposit for an apartment, and then he did not complete the amount because he needs a full year, so when he had nine hundred dinars in his possession within about four days, the family came and abandoned the apartment, and he had things in it, meaning they did not want them, so is it permissible for him to take the deposit of two hundred dinars and deduct it from the money?
The Shaykh: The summary of the question.
The questioner : Yes.
The Shaykh: That an agreement was made.
The questioner : Yes.
The Shaykh: Between the seller and the buyer.
The questioner : Yes.
The Shaykh: To sell the property for a specific price.
The questioner: Yes.
The Shaykh: And the buyer paid a deposit.
The questioner: Yes.
The Shaykh: Then the buyer reneged.
The questioner: Yes.
The Shaykh: Yes, so here it is not permissible.
The questioner : Yes.
The Shaykh: For the seller.
The questioner : Yes.
The Shaykh: To consume the deposit.
The questioner: Ah, yes.
The Shaykh: But it is also not permissible for the buyer.
The questioner : Yes.
The Shaykh: To renege.
The questioner: Yes.
The Shaykh: And if he reneges.
The questioner : Yes.
The Shaykh: It is recommended for.
The questioner : Yes.
The Shaykh: The seller.
The questioner: Yes.
The Shaykh: To release him from the obligation.
The questioner: Yes.
The Shaykh: But it is not permissible for him to take the deposit.
The questioner : Yes, yes, may Allah reward you with good, O our Shaykh.
The Shaykh : And beware of that.
The Shaykh : Praise be to Allah.
The questioner : May Allah bless you.
The Shaykh : May Allah preserve you.
The questioner: In how many questions.
The Shaykh: Go ahead.
The questioner: I ask, if Allah wills.
The Shaykh: Go ahead.
The questioner: The first question regarding the matter of the deposit. If a person gives someone a deposit for an apartment, for example, this is the reality, meaning a deposit for an apartment, and then he did not complete the amount because he needs a full year, so when he had nine hundred dinars in his possession within about four days, the family came and abandoned the apartment, and he had things in it, meaning they did not want them, so is it permissible for him to take the deposit of two hundred dinars and deduct it from the money?
The Shaykh: The summary of the question.
The questioner : Yes.
The Shaykh: That an agreement was made.
The questioner : Yes.
The Shaykh: Between the seller and the buyer.
The questioner : Yes.
The Shaykh: To sell the property for a specific price.
The questioner: Yes.
The Shaykh: And the buyer paid a deposit.
The questioner: Yes.
The Shaykh: Then the buyer reneged.
The questioner: Yes.
The Shaykh: Yes, so here it is not permissible.
The questioner : Yes.
The Shaykh: For the seller.
The questioner : Yes.
The Shaykh: To consume the deposit.
The questioner: Ah, yes.
The Shaykh: But it is also not permissible for the buyer.
The questioner : Yes.
The Shaykh: To renege.
The questioner: Yes.
The Shaykh: And if he reneges.
The questioner : Yes.
The Shaykh: It is recommended for.
The questioner : Yes.
The Shaykh: The seller.
The questioner: Yes.
The Shaykh: To release him from the obligation.
The questioner: Yes.
The Shaykh: But it is not permissible for him to take the deposit.
The questioner : Yes, yes, may Allah reward you with good, O our Shaykh.
The Shaykh : And beware of that.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.