selling Qurbani meat to recover one's funds

Category: 

Qurbani

According to Madhhab: 

Hanafi

Reference: 

1441-019

Question: 

Zaid phones Bakr and instructs him to slaughter an animal for him for Qurbani. Bakr sells Qurbani animals, so he requests Zaid to transfer funds into his account. Zaid sends a fake proof of payment. Bakr hasn't received any fundsand has the meat with him. Can he sell the meat? What options does he have? (Bakr has done the Qurbani for Zaid) 

Answer: 
Zaid purchases the Qurbani animal from Bakr and further instructs him to slaughter the animal. By Zaid proposing to purchase the animal at a fixed price and Bakr accepting the proposal, the transaction or sale of the animal has been finalised and concluded. Bakr thereafter slaughters the animal on behalf of Zaid on his instructions; hence his Qurbani is valid and done. Now, Bakr realises that he was deceived by Zaid and payment of the animal was not effected. Bakr is therefore entitled to hold back the meat until he receives his funds in full, but cannot sell the Qurbani meat as the Qurbani meat cannot be equated to the normal goods of merchandise; in fact Bakr has very limited options since the transaction involves Qurbani meat.

فإن بيع اللحم أو الجلد به ……. باطل لأنه كالوقف شامي ص 209 ج 5 
ومن باع سلعةً بثمنٍ قيل للمشتري: ادفع الثمن أولاً، فإذا دفع قيل للبائع: سلم المبيع اللباب في شرح الكتاب

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 07 Muharram 1441 
English Date: 07 September 2019

Tags: