Home » Hanafi Fiqh » Askimam.org » Contract deal ok? A sells his property for 100,000. Contract says, B will buy property from A for 100,000 in 1 month. B pays A 1000 as security deposit, which does not change amount B owes to A.

Contract deal ok? A sells his property for 100,000. Contract says, B will buy property from A for 100,000 in 1 month. B pays A 1000 as security deposit, which does not change amount B owes to A.

A is selling his property for 100,000. Contract with B says, B will buy the property from A for 100,000 in 1 month. B pays A 1000 as security deposit, which does not change the amount he owes to A. B has the option of not buying the property from A, but A is locked in until the end of 1 month. A keeps the 1000 regardless. Both have signed it of their free choice and are happy with the deal. The value of the house may go up or down with time and can easily be appraised, but for the contract is frozen. Humbly request to explain your response as supposed to a yes or no answer.

Answer

According to the Shari’ah, money is paid in lieu of a tangible item or service. The R1000 is in lieu of a mere right which is not tangible or not in lieu of a service.

The option and right of selling and purchasing is three days according to a Hadith. Rasulullah [Sallallaahu Alayhi Wasallam] did not order any one of the two awaiting parties to be paid in lieu of the right of purchasing and selling.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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