The Selling Of Animals

CR (297) It is lawful to own animals with one or many people in common like half or one fourth etc., and it is not lawful to buy some specific part of the animal like the head or skin, etc., if the purchase is not for meat, but is for some other objective like riding or other services.

CR (298) If the animal is bought for meat it is lawful to buy certain parts of that animal. If it is not slaughtered due to obstacles like if some loss is involved in slaughtering, the buyer has a share proportionate to that part. The same CR applies if one buys an animal with the exception of its head and skin. If two or a group of people buy an animal and if one of them sets a condition to have the head and skin he has a share in it proportionately to what he has paid not proportionate to head and skin.

CR (299) If one says to another," buy an animal for both of us", a valid deal is formed and there will be equal portions for both of them, if no limitation is set against the contract and each one pays half of the price, unless there are indications against equal sharing which is dealt with accordingly.

CR (300) If one who is told by the other person to buy something on partnership basis pays for him his share of the cost, if asking him to buy as such is enough indication to pay his share, this party can ask him for what he has paid on his behalf, otherwise, he is a volunteer and can demand for what he has paid.

Conclusion About Eqalah: Eqalah means annulling of a contract on the basis of demand by the other party to do so, apparently, this CR is applicable to all binding contracts even to gift giving, except marriage and guarantees. Its applicability to charity is not free from objection. This annulment can take place by means of expressing it through any words, which express adequately such intentions, even if it is not in Arabic. It can also take place by expressing it through deeds. If one asks for annulment and the other party gives him back the commodity it is annulment and it is must for the demanding party to return what is in his possession.

CR (307) It is not lawful to annul a contract by means of EQALAH with certain addition or deduction in the goods or the price because such annulment is not valid and goods and price remain the property of parties respectively.

CR (308) If one asks the other for annulling the contract in consideration for 'ju'alah' a certain amount of money in cash or payable later on, apparently, it is valid

CR (309) If the contract is annulled on the basis of EQALAH in consideration for 'Ju'alah' for some property or work and the party accepts it, the deal is valid.

CR (310) In annulling the contract by means of EQALAH no annulling can be carried on by Eqalah or revocation.

CR (311) In matters of Eqalah, considering the heirs of the parties like the parties themselves is not free from objection, because of a more clear reason, the heirs are not considered like the parties themselves, however, asking for Eqalah by the heirs of one party and request by the other party himself is acceptable and lawful.

CR (312) Eqalah is effective for everything that is involved in the contract as well as for parts of it, in which case the price is settled in relevant ratios. If the seller or buyer is more than two people Eqalah would be valid only for the seller and buyer who are for Eqalah about their shares and there is no need to ask the other parties.

CR (313) If on one or both sides of the contract the commodities are destroyed it does not affect the validity of Eqalah if the parties do so the commodities will go to the original owners if the commodities exist, if not, one asks for its kind or the price of the time of Eqalah if the commodity does not have any of its kind.

CR (314) For a commodity being out of one's possession because of selling or giving as gift is like getting destroyed, a partially destroyed commodity is considered like the whole being destroyed which gives reason to ask refund for the parts destroyed.