Fatwa ID: 03106
Answered by: Imam Abdul-Malik Sheikh
Question:
What do the ulama say about doing Qurbani with an animal that was bought by means of Ba’i Fasid?
Answer:
In The Name Of Allah, The Most-Merciful, The Most Kind
The Hanafi jurists describe Ba’i Fasid (incorrect transaction) as a transaction that the Shari’ah recognises its origin (asl) but not its description (wasf).[i] Such a transaction, though incorrect, is not irretrievably illegal. Once the incorrect description or condition is removed, the transaction becomes correct and valid. An example of this is the following Hadith:
Aisha bought Barira in order to set her free but her masters stipulated that her Wala after her death would be for them. Aisha said; O Allah’s Messenger! I have bought Barira in order to set her free but her masters stipulated that her Wala will be for them. The Prophet (s) said: “Set her free as the Wala is for the one who set free the slave” or said, “The one who pays her price”. Then Aisha bought and set her free.[ii]
The Messenger of Allah permitted the transaction with the incorrect condition which he later cancelled.[iii]Therefore in answer to your question, the Dhabh will be valid with detestability as Bai' Fasid still gives ownership and possession to the owner.
Written by Imam Abdul-Malik Sheikh
Checked and approved by Mufti Mohammed Tosir Miah
DarulIfta Birmingham
