Question:
Salaam alaykum Sidi,
Is it permissible to take a non refundable deposit on the purchase of a property or item and if full payment is not made as agreed the seller keeps it? Can the seller keep all partial payments made if customer cannot complete payments?
Barak Allahu Feekum
Answer:
Waalaykumussalam,
Taking a non-refundable deposit goes against the position of the three Schools and only the Hanbali School allows it. As for the rest of the installments, if we consider that it is an annulment with the agreement of the seller, then the latter must return everything the buyer paid; and if the seller does not agree, then the sale has taken place and the rest of the price remains a debt payable by the buyer.
Dr. Samer al-Nass
Hajj Gibril Haddad
