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What are the conditions for commercial brokerage, and is it permissible to take the full price of the goods before delivering them to customers who have been dealt with online for years, and is it permissible to use the deposit paid by customers to pay a deposit to the manufacturer, and is it permissible to purchase the goods only after receiving the deposit?

1 min readAlso available in العربية

The questioner is not a broker but a merchant, buying spare parts from Asia and selling them in Europe. As for the earnest money (ʿurbūn), scholars differed on its permissibility. The majority view is that it is impermissible, while Imam Ahmad held it to be permissible.

A distinction must be made between paying earnest money before the contract and after it. What is paid before the contract is not earnest money, and the seller has the right to take it with the buyer's permission if the sale does not go through, and the buyer has the right to reclaim it.

Selling goods before acquiring and possessing them is not permissible. The permissible way out is for there to be a promise to buy and sell between the seller and the buyer. It is permissible for the seller to take a sum of money from the buyer to indicate seriousness. If the buyer backs out and the seller incurs some cost, the seller may only take the amount of the actual cost incurred.

It is permissible for the seller to receive the price before the buyer receives the goods, just as it is permissible to expedite both the sold item and its price. It is also permissible to conduct commercial contracts using remote communication devices.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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