Is the sale concluded when earnest money is taken?

Question

Question: ʿUmar sold Zayd a quarter share of a house for four hundred rupees and, taking a sum of one hundred rupees as earnest money, wrote this note: “I am now taking the sum of one hundred rupees as earnest money, and I will take the sum of three hundred rupees at the time of registration.

Answer

(1) It was concluded. (2) No. (3) No. (4) There was a sale; now, if the seller wishes to rescind it, he may rescind it with the buyer’s consent by returning the sum of one hundred rupees. (5) If the seller does not hand over the house and quarrels, the buyer has the right to take his money back.

Source: Fatawa Mahmudiyya

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