Q1) In instances where an animal is shot and is subsequently lost or disappears, is it permissible to require the hunter to pay the full value of the animal considering the sale is concluded post-shooting?
A1) The deal between the farmer and the hunter can only be concluded if the animal is first sold to the hunter, but this not the case as the animals are freely roaming about. Selling an animal that one is unable to hand over to the buyer is not permitted in terms of Shariah. The seller may therefore promise to sell the animal to the buyer if it is hunted down, and when animal is hunted, then the promise may be fulfilled. The price of the animal should be fixed before hunting it so that all future disputes are avoided.
Now, when the animal is hunted, the transaction will be concluded. It is obvious that the animal must be slaughtered very quickly otherwise it will die. If the hunter didn’t slaughter the animal on time, that will be considered as a deficiency on his path. However, he will be liable to pay for the animal as he was responsible for hunting it down. [Re:- Fataawa Darul Uloom Zakariyya Pg.181 Vol.6]
Q2) If an animal is successfully hunted and retrieved, is it permissible to obligate the hunter to accept the animal, effectively removing their option to decline it? This scenario appears to resemble a sale of ‘unseen goods’ – (Bay-al-Munaabadha).
A2) The hunting of an animal is not ‘Bay-e-Munaabadha.’ ‘Bay-e-Munaabadha’ is when two parties are negotiating the price of an item. When one party wants to make the sale binding on the other, then he throws the item on him. The sale will be binding on him whether he is happy or not. This is not the case when hunting an animal, as the hunter voluntarily and happily decides to hunt an animal. The price of the animal is fixed before hunting; hence he has voluntarily consented to the transaction unlike ‘Bay-e-Munaabadha.’
وعلى هذا يخرج بيع المنابذة، والملامسة، والحصاة الذي كان يفعله أهل الجاهلية: كان الرجلان يتساومان السلعة فإذا أراد أحدهما إلزام البيع نبذ السلعة إلى المشتري؛ فيلزم البيع رضي المشتري أم سخط (بدائع الصنائع ص176 ج5)
Q3) If the above practices are deemed impermissible, could you kindly suggest alternative arrangements that align with Islamic principles for contemporary hunting practices?
A3) This has already been answered above.
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date: 16 Safr 1446 / 21 August 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
