to his family he will keep it; otherwise, he may return it. This stipulation is a point of disagreement among the scholars. Some allow it, arguing, “Muslims are bound by their conditions,” while others forbid it, saying that such a clause permits what is unlawful, namely the parties separating before the contract is fully concluded in a binding manner. The first view is the apparent choice of Shaykh al-Islam Ibn Taymiyyah; the second is the well-known position of the school, which holds that every contract requiring immediate mutual possession does not admit an option of rescission. Accordingly, whoever wishes to clear his conscience and remain safe should follow the first course: take the item and seek consultation about it before the contract is finalized.

What does “before the contract is finalized” mean?

It means that he gives the seller some cash as collateral—or any item that reassures them—without it being treated as the actual price of the gold he intends to buy.

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Question Seven: What is the ruling on certain gold-shop owners who purchase clean, second-hand gold and then display it for sale at the price of brand-new items? Is such a practice permissible, or must the seller alert the buyer?