Darul Ifta, Darul Uloom Azaadville

A Seller Withholding An Item Until Full Payment Is Received

· 13 Shawwal 1443 AH1 min readEnglish

Question

If the buyer does not pay in full, when may the seller retain an item? In cash transactions or credit also?

Answer

If it is a cash transaction, the seller has the right to withhold and retain the item until the purchase price is paid. In the case of a credit transaction, the seller can only retain the item from the buyer if he had put such a condition (that the item will be retained until paid for in full) when the deal was taking place. If such a condition was not put while the deal was taking place, then it will not be permissible for the seller to retain the item from the buyer.

References (Arabic / Urdu sources)

(يجب) وظاهر الآية أنه فرض نهرللبائع ان يحبس المبيع قبل حلول الأجل ولابعده

(هندية ج٣ ص١٥)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/a-seller-withholding-an-item-until-full-payment-is-received/14104/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-14104

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