❀ The Ruling on Taking a Share in a Sold Cow for Qurbānī ❀
Source: Aḥkām wa Masā’il – Qurbānī aur ʿAqīqah ke Masā’il, Vol. 1, p. 434
❖ Scenario Explained:
- Zayd owned a cow which he had not bought for trade but kept domestically.
- The cow was healthy, beautiful, and suitable for qurbānī.
- Some people wanted to purchase the cow for qurbānī, and through arbitration, its price was set at 5000 rupees.
- This price was then divided into seven shares.
- Later, Zayd expressed his desire to also keep one share for qurbānī, asking the remaining six buyers to pay him their portions of the agreed amount.
- Initially, Zayd had no intention of qurbānī, but later he wished to participate.
The question: Is it permissible for Zayd to keep a share in the cow after selling it?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ammā baʿd!
- If the sale has been finalized and the buyers have already taken ownership by dividing the cow into seven parts, then Zayd cannot insert himself again as a shareholder without their consent. The transaction has concluded, his right of retraction (khiyār) has ended, and thus it is not valid for him to re-enter on his own.
- However, if Zayd, after buying the cow, wishes to keep one share for himself at cost price (without profit) and gives the remaining six shares to others also at cost price, then this is completely valid and permissible.
- If the cow was already sold and finalized, Zayd cannot add himself back without agreement of others → invalid.
- If Zayd distributes shares at his cost price and retains one for himself before the sale concludes, then it is valid and permissible.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَاب