Is it permissible to sell a down payment (earnest money) to another person for a profit, with the consent of all parties?
"Bay' al-urbun" (earnest money sale) is a transaction where an item is purchased and a portion of its price is paid in advance, with the understanding that this earnest money will be counted as part of the price upon completion of the sale, or will belong to the seller if the sale is not completed. Jurists have differed regarding its permissibility, but some scholars and Fiqh academies have allowed it, provided that the waiting period is specified. Even with its permissibility, it is not permissible to trade or sell the earnest money to another person. The buyer can either complete the contract and purchase the item, then sell it later if they wish, or cancel the contract, in which case the seller retains the earnest money.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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