Business and Dealings

Landlord charging the tenant a fixed fee for electricity

Q: 

1. There are three prepaid meters for electricity, installed on a property, the administration cost is for the landlords account. 

Must the VAT cost also be carried by the landlord on the three meters? 

2. A landlord charges seperate for the electricity for example rental is R6000 per month and he charges an average R1500 for electricity some months the electricity bill comes to a lower fee some months especially in winter the charges are far higher then R1500. 

There are three houses on one property, one of the houses the landlord uses for himself. The electricity bill comes out on an average R5000 to R5500 per month. There is only one meter on the property. How does one calculate what each house is using as there is no way to find out what the exact charges are for each house. According to the shariah is this acceptable?

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?