Selling livestock without taking possession of the livestock
Q: I've been doing livestock for the past year, I wholesale and retail livestock throughout the year and I try to do everything in the best of my ability and in the halaal way.
Yesterday I came across someone who told me the way I'm running my business is haraam.
I'm From Durban and I get livestock from Northern Cape, Free State and Eastern Cape. So when I wholesale throughout the year as customers want animals, I order from the different farmers and get it delivered directly to the customer. The farmer will send me a video, I will send the video to my customer and if he is happy then I will confirm the order with the farmer and get it delivered to the customer.
Qurbani time the farmers know that I take alot more animals so they call me or video call me and tell me they have this amount of animals for me and keep it aside. Basically they book it for me and as I get customers I call them and tell them to send this amount of animals from my lot to the customers location. I haven't personally seen the animals. The farmer does send me videos and video calls me and I don't have time to go and see them.
Is it permissible the way I trade? If not, then all the money I earned and consumed is haraam and how do I go about fixing this issue? Please advise me.
A: Viewing videos of animals or of any animate object is haraam in Islam. Similarly, viewing animals on a video call is also not permissible. Grave warnings have been sounded in the mubaarak Ahaadith for those who get involved in the grave sin of photography. Rasulullah (sallallahu alaihi wasallam) said, “The people subject to the worst forms of punishment on the day of Qiyaamah will be those involved in picture-making.”
You should sincerely repent to Allah Ta'ala for committing this sin and refrain from this in the future. If one wishes that his business reaps barakah (blessings), then one should refrain from committing sins in the process of doing business.
The hadith has prohibited one from selling an item after purchasing it until he takes possession of it. The fuqaha have ruled that if one does not take possession of the purchased item and one sells it, then such a sale will be considered as a faasid sale (invalid sale) and the profits of such a sale will not be halaal and will have to be given to the poor without the intention of receiving any reward. Hence, the manner in which you are conducting your business is against the law of shariah.
If you wish to sell the animals without personally taking possession of them, then you may adopt one of the following solutions:
1. You may appoint a third person to take possession of the animals on your behalf. After the third person takes possession on your behalf, you may then sell the animals to the purchaser.
2. You may hire a transport company to collect the animals on your behalf and thereafter transport the animals to the purchaser. The transport company will represent you in taking possession of the animals. Thereafter, you may conclude the sale with the purchaser.
3. You may act as a middleman in acquiring the animals for the purchaser. In this case, you will not be the seller, but a middleman between the seller and the purchaser. You may charge the purchaser a fixed commission for your service of acting as a middleman and purchasing the animals for him.
And Allah Ta'ala (الله تعالى) knows best.
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