Is it permissible to stipulate taking the earnest money if the buyer backs out, and paying double the earnest money if the seller backs out of selling a store? And if it is not permissible, what is the ruling in case of disagreement?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Withdrawing from a sale before its completion is a withdrawal from a promise that does not entail a financial right unless the promised party incurs damage, in which case a sum equal to the actual damage is estimated for them. However, if the sale is complete and part of the price has been paid as a deposit, the seller is not allowed to withdraw and must deliver the sold item, and the buyer must pay the remaining price. The buyer may release the seller [from the contract] in exchange for a sum paid to the seller along with the return of the deposit.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/64455
- Source platform
- Ftawy
- Original fatwa ID
- 64455
- Imported
- Translation status
- Source text, unreviewed
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- Read the full answer on Ftawy