Returning A Deposit
Question
Funds were taken as a deposit for the sale of my house. However the sale did not go through for some reason. Must the deposit be returned?
Answer
Fundamentally, if a deposit was given to someone for a certain transaction which then did not work out afterward, then the deposit will be regarded as a debt on the seller’s head and, hence, the exact amount will have to be given back to the buyer.
References (Arabic / Urdu sources)
فقه البيوع على المذاهب الأربعة (119/2)
و إن فسخ البيع بممارسة الخيار، وجب على البائع أن يرد إليه مبلغ العربون.
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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