Question
If the buyer does not pay in full, when may the seller retain an item? In cash transactions or credit also?
Answer
If it is a cash transaction, the seller has the right to withhold and retain the item until the purchase price is paid. In the case of a credit transaction, the seller can only retain the item from the buyer if he had put such a condition (that the item will be retained until paid for in full) when the deal was taking place. If such a condition was not put while the deal was taking place, then it will not be permissible for the seller to retain the item from the buyer.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
(يجب) وظاهر الآية أنه فرض نهرللبائع ان يحبس المبيع قبل حلول الأجل ولابعده
(هندية ج٣ ص١٥)
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