Authored by: Saudi Fatwa Committee
Reference: Permanent Committee for Scholarly Research and Ifta, Fatwa No. 19637
Definition and Permissibility
Bay' Al-Arboon, commonly referred to as a down payment, is a permissible form of sale in Islam. In this transaction:- Definition:
- A buyer pays a certain amount as a deposit to the seller (or their representative) to confirm the purchase of an item.
- This amount is deducted from the total price when the remaining payment is made.
- The purpose of the deposit is to secure the item so that no other party can purchase it.
- If the Buyer Does Not Complete the Purchase:
- The seller is allowed to retain the deposit and consider it as their property.
Conditions and Validity
- The sale remains valid whether a specific deadline for the remaining payment is set or not.
- Once the transaction is finalized and the item is handed over to the buyer, the seller has the legal right to demand the remaining payment.
Evidence from Islamic Tradition
- Practice of Umar ibn al-Khattab (رضي الله عنه):
Umar's approval of this practice serves as evidence for its permissibility. - Scholars' Opinions:
- Imam Ahmad: Stated there is no harm in Bay' Al-Arboon.
- Abdullah ibn Umar (رضي الله عنه): Also allowed this type of transaction.
- Sa'id ibn al-Musayyib and Imam Ibn Sirin: Permitted it, stating that if the buyer is unwilling to return the item and provides compensation instead, there is no harm.
Weak Hadith on Prohibition:
A hadith attributed to the Prophet Muhammad (ﷺ) prohibiting Bay' Al-Arboon has been classified as weak (da'if).- Reference: Sunan Ibn Majah, Hadith No. 2192.
- Imam Ahmad and other scholars have declared this narration weak, making it unsuitable as evidence.
Conclusion:
Bay' Al-Arboon (down payment) is permissible, provided the agreed-upon conditions are met, and it aligns with Islamic principles of trade.Reference: Permanent Committee for Scholarly Research and Ifta, Fatwa No. 19637