the buyer merely stipulates the right to withdraw from the sale; if he does not do so, the transaction stands and the option is extinguished. End quote.
Scholarly disagreement:
Imam Aḥmad—may Allah have mercy on him—stands alone in declaring the ʿurbān sale valid and in entitling the seller to keep the earnest-money should the buyer back out. The other three Imams disagree. The Mālikis and Shāfiʿis hold that it is void because of the hadith, while the Ḥanafis consider it fāsid (irregular) but not bāṭil (void), distinguishing between the two rulings.
Ibn Qudāmah—may Allah have mercy on him—writes: “The ʿurbān in sales is when a person buys a commodity and gives the seller a dirham or the like on condition that, if he takes the commodity, that sum will be credited toward the price, but if he does not take it, the amount belongs to the seller. Aḥmad said: ‘There is no harm in it,’ and ʿUmar practised it.”
Al-Muntahā and other works state: “The ʿurbān sale is valid; ʿUmar practised and approved it.”
It is also related from Ibn ʿUmar that he approved it. Saʿīd ibn al-Musayyib and Ibn Sīrīn said: “There is no objection if, when the buyer dislikes the commodity, he returns it together with something extra,” and Aḥmad remarked, “This is to the same effect.” Abū al-Khaṭṭāb, however, held that it is invalid—this being likewise the view of Mālik, al-Shāfiʿī and the Ḥanafī jurists—and the same is reported from Ibn ʿAbbās and al-Ḥasan. Their reasoning is that “the Prophet—peace and blessings be upon him—prohibited the ʿurbān sale” (reported by Ibn Mājah), and because it stipulates something for the seller without compensation, which is invalid, just as if it were stipulated for a third party.
Resolution of the Islamic Fiqh Council concerning the ʿurbān sale:
In the name of Allah, the Most Gracious, the Most Merciful.
All praise belongs to Allah, Lord of the worlds, and may blessings and peace be upon our master Muhammad, the Seal of the Prophets, and upon his family and Companions.
The Council of the Islamic Fiqh Academy, convened at its eighth conference in Bandar—