The seller bears any loss of sheep before delivery to the purchaser

Question

A week before Eid, we selected our Qurbani sheep. The sheep were not paid for. One of the sheep selected died and the farmer asked us to pay for the said sheep. Is this correct?

Mufti Ismaeel Bassa · Accepted Answer

As a general rule, an offer and acceptance conclude a purchase and sale agreement between the seller and purchaser. However, theseller remains responsible for any damage or loss to the item sold to the purchaser before the purchaser takes actual possession or constructive possession (by having access or control) of the item.

Thus, in the enquired case, if the seller and purchaser did not conclude the transaction and one of the sheep died, the loss of the sheep is the responsibility of the seller and not the purchaser.

If the seller and purchaser concluded the transaction of the sale of Qurbani sheep but the purchaser did not have actual possession (by having the sheep in his possession) or constructive possession (by having the option to take the sheep from the farm), the loss of the sheep is the responsibility of the seller and not the purchaser.

In that case, the sale of the sheep is void. The purchaser may choose another sheep for Qurbani but the seller does not have the right to ask the purchaser to bear the loss of the dead sheep. (Durarul Hukkaam 2/180)

And Allah Ta’ala Knows Best

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