QUESTION:
Zaid was selling a product for R150 on order. Bakr placed an order and paid a R50 deposit. When the product arrived, the value of the product had decreased but Bakr did not have the money for the product. Can Zaid sell the product at the new value of R130 and refund Bakr only R20 from his deposit? (Bakr has agreed to a partial refund of his deposit)
ANSWER:
The deposit received from Bakr falls in the category of Amaanat, hence the deposit must be returned in full as the transaction was not concluded. However, If Zaid incurred any costs in ordering the goods for Bakr, then he is entitled to recoup such costs.
ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 11 Dhul Qa’dah 1445 / 20 May 2024
