Question
Please advise us on the following matters The validity of the individuals' qurbaani relating to the below scenario of nondistribution At the time of sale to the customers of the livestock all the customers were given an option of choosing to have their carcasses transported by myself to the butchery to be stored and sliced by the butcher with a fee of R95 per carcass which was due to the butchery at the time of collecting the sliced carcasses. All the customers were made aware that we were merely transporting their carcasses for their convenience to the butchery and that we were not in any way involved in the collection of money for the storage and slicing of the carcasses. The transportation done by myself was with no charge, just merely making things convenient for my customers. I transported the carcasses to the butchery on Eid day and personally signed in the carcasses at the butchery. All Qurbaani carcasses were in 100% condition upon delivery. I was made aware by the owner of the Butchery on Sunday morning at about 2:00 am that his butchery was shut down by the SAPS. On Monday afternoon the Health Inspectors shut down the butchery due to the decomposed carcasses of other qurbaani customers that were not my qurbaani clients and therefore resulting in the possibility of cross-contaminated carcasses. Thereafter we were informed that all the carcasses on the premises were to be destroyed, regardless. Who is responsible for the customer's loss of the Qur'bani carcasses? A few of the customers are requesting the refund of their money paid for qurbaani. What is the ruling? Are the Qur'baanis valid? In the event of a refund to be made, how should the people be refunded with regards to the individual carcasses? (Full price, 1/3, 2/3…..)?
Answer
(1) On the basis of the explanation by you, you are not responsible for any loss of the meat of the customers. You had provided a service as a favour to the customers. Your responsibility was only to slaughter and clean the animals. The customers cannot hold you liable for anything.
(2) The customers do not have the right to demand any refund from you. Their Qur'baani was validly discharged.
If you refund the money as a result of pressure by a customer, then the customer will be committing the sin of usurpation. He will be extracting money in a haraam way from you. The money will be haraam for him. His Qur'baan was validly discharged, hence he has no right to claim a refund.
(3) There is no method of refund. The 'refund' if effected as a consequence of threats and pressure will be in the category of robbery committed by the customers.
(4) Those whose meat has been lost have the right to claim from the butchery. The owner of the butchery is liable for the loss in view of him having over-loaded the cooler. He is now liable to pay those whose meat he has destroyed. The money which he pays to the owners of the meat has to be compulsorily given as Sadqah to the poor. They may not use the money for themselves.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 04
- PDF page
- 1
Appears under IS LIABLE FOR THE DAMAGE? (approximate).