Not Specifying A Time For Payment In A Sale Transaction

Question

If a person purchases a pen from a store and walks away from the store with the intention of paying a littler later, will this fall under the category of Qardh or Dayn?

In this case no time has been fixed for payment of the goods. Is this transaction in order?

If a purchaser buys the goods, but no arrangement has been made to pay on terms, will this be considered as a cash transaction, but it is just that the buyer is delaying in payment?

Darul Ifta, Darul Uloom Azaadville · Accepted Answer

If the seller and purchaser both agree on a price and thereafter the purchaser walks out with the item without paying with the consent and the happiness of the store owner that the payment will be made on a later stage then such a transaction will be in order according to the Fuqaha (jurists). The Thaman (price) will be regarded to be a Dayn on the Mushtari (purchaser). Not specifying the time for payment in this scenario will not affect the validity of this transaction because allowing the purchaser to pay whenever he wishes after the transaction is complete is valid.

However, if a transaction was a credit transaction from the beginning i.e. the item was sold on condition that the purchaser will pay later, the time of payment has to specified for the transaction to be considered valid. If the time was not fixed, such a transaction will be Faasid (invalid).

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