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What is the ruling on a down payment made for the purchase of a house, with the condition that it be refunded if the financing company does not approve, and that it goes to the seller if I withdraw after the company's approval? And is this condition valid?

1 min readAlso available in العربية

The earnest money is paid by the buyer or their agent to the seller. In a Murabaha sale for one who commands to purchase, the buyer is the bank or the company, not the one who commands to purchase. Therefore, the payment of earnest money by the one who commands to purchase in this case is incorrect, unless the bank or company authorizes them to do so, and it is then deducted from the price of the commodity. Consequently, this action is invalid, and the property owner must return the amount to its owner.

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

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