QUESTION
Assalamu’alaikum
Ustadz Ijin asked about purchasing sacrificial animals…
1. We plan to buy 10 sacrificial animals from trader A with a pre-agreed price per kg, for example 63 thousand/kg. To fix this price, we are required to pay a down payment, because prices usually increase as the big day approaches
2. This trader bought the sacrificial animal from a farmer in Bali and weighed it in Bali and marked the weight on the cow’s ear.
3. On D-7 we went to the trader’s pen and chose the sacrificial animal by just looking at the weight of the cow that had been weighed from Bali (not weighed again at the trader)
Is this practice allowed? Or is there an element of horror in it?
ANSWER
Wa’alaikumussalam warahmatullah wabarakatuh
If the trader is honest, and the buyer trusts him and doesn’t mind, then there’s no problem. That’s gharar qalil, a little gharar… the scholars agree that it’s okay.
In Al Mausu’ah Al Fiqhiyah Al Kuwaitiyah:
For the deception to be effective, there must be a lot of it. However, if the fraud is small, it has no effect on the contract.
The requirement for gharar (which is forbidden) is that it has a lot of impact, whereas for small gharar it has no effect on the contract. (Al Mausu’ah Al Fiqhiyah Al Kuwaitiyah, 31/151)
In the same book:
Al-Qarafi said: Fraud and stupidity, namely in buying and selling, are of three kinds: many are forbidden by deliberation, like birds in the air, and few are permissible. Like the foundation of a house and the cotton of a robe, the difference is whether it is attached to the first or the second? Ibn Rushd Al-Hafid said: Legal experts agree that a lot of ambiguity in buying and selling is not permissible, and a little is permissible.
Al Qarafiy said: Gharar and jahalah (uncertainty) in buying and selling are of three types:
1. There is a lot of gharar, this is prohibited based on deliberation. For example, buying a bird in the air.
2. A little Gharar, CAN be based on ijma’. Like buying and selling house foundations, and the matter of cotton (cotton) material in robes.
3. Middle gharar, it is debated whether this is the first or second type.
Ibnu Rushd Al Hafid, said that fiqh experts agree that a lot of gharar is not permissible, while a little gharar is permissible. (Ibid, 31/151)
Generally, people buy animals when they ask, “How much does this cow weigh?” Usually traders say it weighs several hundred KG. That’s enough and usually buyers believe it, this has become a tradition. It is very rarely re-weighed in the presence of the buyer.
Like buying a house, buyers usually don’t even check the foundation of the house, just ask whether they have chicken claws or not.
If it is later proven that the seller lied on the scale, then the buyer is not at fault, it is the seller who is at fault.
Wallahu A’lam
Farid Nu’man Hasan
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