In such a case, the buyer is obliged to compensate for the harm suffered by the seller. Yes—the judge would compel him to do so, based on the saying of the Prop

Source: https://t.me/masjidsahabah/1414 ___ Sheikh Sulayman Ar-Ruhaili ḥafidhahullāh: The ʿUrbān—also called Al-ʿarbūn, which is the commonly used term today—is one and the same. Scholars mention that it has two forms: one permissible, and one prohibited according to some of them—that is, according to those who consider it prohibited. As for the first form: the buyer purchases the item and gives the seller an amount from the price on the condition that if the sale is completed, it counts as part of the price; and if the sale is not completed, it is returned to the buyer. For example, he buys a piece of land for one hundred thousand but does not pay the full amount; rather, he gives ten thousand, saying: “If I pay the remainder, then this ten thousand is part of the price, and I will give you the remaining ninety thousand. But if I am unable to complete the sale, you return the ten thousand to me.” This form is permissible by consensus of the scholars, because its essence is simply the advance payment of part of the price. Someone may ask: What is the benefit if the amount will be returned if the sale does not go through? They say: it serves to demonstrate seriousness—proof that the buyer is genuinely committed. He gives part of the price to show he is earnest. This form is permissible. The second form is that the buyer purchases the item and gives the seller part of the price on the condition that, if the sale is completed, it counts as part of the price—which is clear—but if the sale is not completed, it becomes lawful property of the seller. For example, the seller says, “I will sell you this land for one hundred thousand.” The buyer replies, “I accept, but I do not have the full amount right now. I will give you ten thousand now, and within a week, if I can gather the rest of the amount, I will give it to you, and this ten thousand will be counted as part of the price. But if I am unable, then the ten thousand is lawful for you; do not return it to me.” This is the common form of the ʿarbūn sale. The scholars have differed regarding its permissibility and whether the seller may lawfully keep the amount. The majority hold that it is forbidden and that the money is not lawful for the seller. Why? They cite the hadith: “The Prophet ﷺ forbade the sale of Al-ʿurbān.” They also argue that it constitutes consuming wealth unjustly. They say: “You did not sell him the land—how then do you justify taking ten thousand from him?” Some jurists, including Imām Aḥmad, hold it to be permissible, because the hadith is weak, and because this does not constitute consuming wealth unjustly; rather, it is in return for reserving the item. They say: When the buyer came and said, “I will buy the land from you for one hundred thousand—give me a week to gather the amount,” during that week the item is withheld for his sake. It is possible that the seller could have received better offers during that time, but he refrains from selling because of this buyer. Thus, if the buyer ultimately does not purchase, he has caused the seller to miss opportunities. Therefore, the money is given in exchange, not taken unjustly. It is compensation for the seller reserving his item and not selling it to others who may have wanted it during that week or ten days. He takes this amount if the buyer fails to proceed, because the buyer caused him to lose benefits during the period when the item was held.