Is the system of leasing cows permissible, which is based on one person buying a cow and giving it to another to care for it, then it is sold and the profits are divided between them, with the owner bearing the expenses of treatment and the caregiver bearing the expenses of feeding, and in the event of the cow's death there is no compensation, and in the event that the selling price is less than the purchase price, the owner bears the loss and compensates the caregiver? And is it permissible to take a loan from an Islamic bank for the purpose of building a house or starting a commercial project?
There are two forms of partnership in livestock rearing:
1. The owner of the cow pays a portion of it to the one who rears it, so the worker owns, for example, a quarter of the cow, and if it is sold, he takes a quarter of the price. This is permissible according to the Hanbalis, and the cow and its growth become joint property between them. 2. Giving a cow to someone to rear in exchange for a portion of its produce (such as milk and butter), while the ownership of the cow remains with its owner. The majority of scholars and the Hanbalis prohibited this, but Ahmad permitted it in a narration chosen by Sheikh al-Islam Ibn Taymiyyah.
There are also three permissible ways for this partnership:
1. They agree that the worker owns a quarter or half of the cow he rears (permissible according to the Hanbalis). 2. They agree that the worker owns only half of the offspring while the original animal remains with its owner (permissible in a narration from Ahmad, chosen by Sheikh al-Islam). 3. They share in the attached and detached growth, meaning what exceeds the price of the animal and its produce (permissible according to Sheikh al-Islam).
It is permissible for the treatment expenses to be on the owner of the cows and the feed on the worker, or as they agree. If the animal dies without any transgression or negligence on the part of the worker, he is not liable for anything; the owner bears the loss of his capital and the worker loses his effort. However, if it dies due to his transgression, he guarantees its value.
If the selling price is less than the purchase price, in the first scenario, they divide the price. In the third scenario, the worker gets nothing, but it is better to share the loss.
Taking money from the bank depends on the form of the transaction:
1. Buying a commodity in installments from the bank and then selling it to obtain cash is permissible under certain conditions (that the bank owns the commodity and takes possession of it before selling it to you, and that the contract does not include a penalty for late payment). 2. Organized Tawarruq in metals (the bank selling the metal in installments and then appointing the buyer as an agent to sell it for him for a cash price) is prohibited.
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