Darul Ifta, Darul Uloom Azaadville

Must the deposit be returned?

Published as Returning A Deposit

· 14 Jumada I 1447 AH1 min readEnglish

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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Questions about this ruling, answered only from the archive with sources.

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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/returning-a-deposit/32147/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-32147

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