Back to search
The question

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?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
171992
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy