Upon receiving the down payment

A: It is permissible to have a down payment; that is when the buyer gives the seller (Part No. 13; Page No. 134) or his agent a sum of money that is less than the price of the goods. This should be after the agreement has been made, and this is to guarantee that he will receive the goods and that no one else will take them. When the goods are delivered, this down payment is to be regarded as part of the price. If the buyer does not take the goods, then the vendor may take the down payment and keep it. This transaction is valid, whether or not he stipulates a time for payment of the rest of the price. The vendor has the right to ask the purchaser to pay the rest of the price once the transaction has been completed and the goods have been handed over. The permissibility of down payment sale is indicated by the fact that `Umar ibn Al-Khattab (may Allah be pleased with him) did that. Imam Ahmad said that there is nothing wrong with down payments. Moreover, it was narrated that Ibn `Umar (may Allah be pleased with them both) regarded it as permissible. Sa`id ibn Al-Musayyib and Ibn Sirin said: There is nothing wrong in returning the product if the person does not like it and giving something with it. As for the Hadith reported from the Prophet (peace be upon him) saying: Down payment sale is forbidden, this is a Da`if (weak) Hadith which was classified as such by Imam Ahmad and others, and it cannot be taken as evidence. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family and Companions.