Is a person held accountable for his intention to take the down payment in a promise to sell if he retracts that intention after becoming aware of the Shariah ruling?
There is no sin upon you for what you intended or negotiated with your customers.
Taking what is called a "seriousness margin" when promising to sell is permissible according to Islamic law. It differs from a "down payment" (urbun).
The "seriousness margin" is an amount paid to the agent to confirm the seriousness of the client's request for the merchandise. If the client changes his mind, the actual damage is compensated from this amount, and the remainder is returned to the client.
As for the "down payment" (urbun), it is an amount paid by the customer to the seller, and it becomes part of the price if the customer chooses to buy. Otherwise, it goes to the seller.
Scholars have differed on the ruling of a down payment (urbun) sale; the majority of them forbid it, while Imam Ahmad permitted it if agreed upon by both parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/171992
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 171992
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy