Business and Dealings

Working in a supermarket as one who picks and moves goods

Q: I would like to request a ruling according to the Hanafi madhhab regarding a student job at an ALDI supermarket distribution warehouse in Germany. 

My main assignment involves picking fruit, bread, flowers and other ordinary goods. However, employees may occasionally be reassigned to a chilled warehouse area containing chicken and pork products, for example when colleagues are absent or another department needs assistance. My employer has explained that they cannot guarantee that I will never be assigned to this area, although most of my work is expected to involve ordinary goods. 

The work is performed using a voice-picking system. I receive instructions to pick specific products and quantities, place them on a pallet, attach a label and move the completed pallet to a designated dispatch area. I do not sell the goods, interact with customers, receive deliveries or load the trucks myself. 

According to the Hanafi madhhab, is it permissible for me to accept and continue this employment, and is my salary halal if I occasionally have to pick and palletise pork products as part of an otherwise predominantly permissible job?

Charging a person one's expenses to deliver a loan to him

Q: With regards to these two fatwas, I have the following questions: 

https://muftionline.co.za/node/36923
https://muftionline.co.za/node/36922

My questions is as follows:

وَفِي الشَّرِيعَةِ: الرِّبَا: هُوَ الْفَضْلُ الْخَالِي عَنْ الْعِوَضِ الْمَشْرُوطِ فِي الْبَيْعِ؛ المبسوط للسرخسي

How will you explain this definition of riba in relation to the mas’alah in question? 

I have three objections: 

1. The extra amount is not necessarily خاليًا عن العوض (free of consideration). There is a service or benefit being provided in return for the amount charged. So how can this extra amount be described as a “surplus without consideration”? 

2. The extra amount is not مشروطًا في العقد (stipulated in the contract). The definition specifically refers to an excess that is stipulated in the sale. If this extra amount was not stipulated as a condition in the original contract, then how does it fall under this definition of riba? 

3. More importantly, how would it even be possible to pay the bank transaction fees in the first place? According to the qiyās presented in the mas’alah, paying the bank a fee gives them an additional benefit. If every additional benefit received by the lender is treated as riba on this basis, then what would be the basis for allowing bank transaction fees?

Responsibility of goods that got stolen in transit

Q: I ordered some items from my supplier which came to approx. R5000. I paid for the items and it was getting shipped. However, the delivery van got hijacked and the stuff got stolen. 

The supplier thus claims that since the items left their warehouse, they are no longer responsible and I have to bear the loss - although I did not receive the items. The delivery company only allows compensation upto R1000 in case of theft of goods from their vans. 

Who is responsible for the loss - and will it make a difference whether the delivery guy was sent by the supplier or was sent by me?

Letting out cottages on one's farm to non-Muslims

Q: There's someone that wants to let out some cottages on his farm. The person is wealthy so they're not short of money and he has a high level of taqwa also. 

His only concern is the alcohol on the premises. Is it permissible if non-Muslims use the premises and basically if they bring the alcohol, if they play music in the units, if they also cook haraam food, what's the permissibility of that in Islam?

Purchasing silver for silver or silver for gold

Q: I would like to know about zakat. 

1. My wife has gold and silver ornaments and she is liable for zakat every year as they are above nisab. She wants to sell some of her silver ornaments and with that amount which she gets, she will purchase gold ornaments and this gold ornament she will give it to some poor and needy Muslim for the marriage purpose etc. 

My question is, can she do this kind of transaction, i.e. by selling silver and with that amount she can buy gold or she can only buy silver with that money in lieu of silver. Will it fall under riba, interest etc? 

2. Secondly, if we are not given cash by selling silver but the shopkeeper says that in lieu of silver sold you can purchase silver ornaments. Can we do that. But when cash is given by selling silver it is less and when the silver is purchased in lieu of silver we are getting more. 

For example if we are selling a silver ornament we are getting cash of Rs.16,000 (indian rupees) and when we are not taking cash but we are purchasing silver ornament in lieu of silver we are getting equivalent of Rs.26,000/- Is it ok to purchase silver like this? 

3.Can we purchase gold ornament equivalent of Rs 26,000/- or not. Do we have to purchase only silver in lieu of silver. What is the correct method to do it? 

Note: The weight may vary of gold and silver. The silver weight is more and the gold we will purchase will be less in weight but the amount will be of Rs. 26,000/- or more if the gold we purchase is of more value than rs 26,000/- so the extra we will pay to the shopkeeper cash from our side. If we cannot do all the above what is the shariah method to do it, please tell me.