Sharʿi Ruling on Returning Advance Payment (Bayʿānah) if the Deal Fails
Taken from: Aḥkām wa Masāʾil – Masāʾil al-Buyūʿ, vol.1, p.390
❖ The Question
A man agreed to purchase a shop for twenty-two lakhs rupees, half of which amounted to eleven lakhs. He paid five lakhs as advance (bayʿānah) and promised to pay the remaining amount later. Despite trying, he could not arrange the remaining sum.
Now, the shop owner refuses to return the five lakhs, saying that since the market price of the shop has decreased, he will not return the advance, claiming: “Your money is gone.”
What is the Sharʿi ruling in this case?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
- The advance payment of five lakhs must be returned to the buyer.
- According to Sharīʿah, there is no justification for confiscating the advance payment.
- Even if the shop’s value has decreased, Sharīʿah does not allow withholding the bayʿānah on this basis.
Conclusion:The advance (bayʿānah) must be fully refunded. Retaining it without completing the sale is unjust and impermissible in Sharīʿah.
ھذا ما عندي والله أعلم بالصواب
