The ruling on whoever bought Gold under the Condition that it was suitable for his Family
Question :
What is the ruling if a buyer comes and buys some gold merchandise and then he stipulates that if it is not suitable he will return it to the shop to exchange it or get his money back? What is the legislated course of action in this situation, as some of these people live far away from the city in places where it is impossible for the person himself to return to the shop on the same day or after even two days?
Answer:
What is better and best in a situation like this is for the man to take the gold merchandise before the agreement is finalized and bring it to his family. If it is suitable, he should return to the owner of the shop and barter with him starting the purchase anew. This is what is best. However, if he bought it from him and made a sales agreement, and then he stipulated that he has the choice of keeping it if it suits his family or returning it, this is a matter concerning which there is a difference of opinion among the people of knowledge. Among them are those who permit that and say that verily the Muslims are bound to their conditions. Among them there are those who prohibit this and say that this condition allows something forbidden, which is separating before finalizing the sales agreement in the required manner. The first opinion is the obvious view and it was chosen by Shaykhul-Islam Ibn Taimiyyah. The second view is the well-known view of the Mathhab (i.e., the Hanbali Mathhab) and that every contract contains the condition of exchange of possession, thus it is not correct to make a condition of choice. Based upon this, if the person wants to be free of responsibility and safe, he should follow the first method mentioned, which is that he takes it and consults with his family about it before finalizing the sale.
Source:
Ash-Shaykh Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 4 Page 397
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