What is the ruling on the *Arbun* (earnest money) payment in a sale?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The earnest money (*Arbun*) is when the buyer pays the seller a sum (dirham or otherwise) which is counted towards the price if the sale is concluded, but remains with the seller if the buyer retracts. Ahmad affirmed its permissibility, citing the practice of Umar (may Allah be pleased with him) and the endorsement of Ibn Umar. Ibn Sirin and Sa'id ibn al-Musayyib permitted it, allowing the buyer to return the item and forfeit the earnest money if they disliked the goods. This interpretation aligns with the view adopted by Ahmad in its meaning.
Supporting text
The opinion that the earnest money sale is invalid is held by Abu al-Khattab, Malik, Shafi'i, and the proponents of the Ray' school. This is also narrated from Ibn Abbas and Al-Hasan, based on the Hadith where the Prophet (peace be upon him) prohibited the sale of *Arbun* (narrated by Ibn Majah). The rationale is that it constitutes a condition granting the seller something without consideration, and it resembles an unknown option period, as no time limit is set for the buyer's right to return the item.