If the buyer and seller agreed upon a sale and the buyer paid a down payment (ʿurbūn), then the buyer reneged on the purchase, is the seller entitled to keep the down payment?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible to take earnest money (deposit) in a sale if the seller and buyer agree to it. This is the (legal school of thought) of Imam Ahmad and Umar ibn al-Khattab, may Allah be pleased with him. Sheikh Ibn Baz issued a allowing it, and the Permanent Committee stated that earnest money sales are permissible. This is when the buyer pays an amount less than the full price of the item after the contract to secure the merchandise. If he takes it, the earnest money is counted towards the price, and if he does not take it, the seller is entitled to keep it. The narrated prohibiting earnest money sales is weak.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/19617
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 19617
- 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