Answered by: Imam Abdul-Malik Sheikh
What do the ulama say about doing Qurbani with an animal that was bought by means of Ba’i Fasid?
In The Name Of Allah, The Most-Merciful, The Most Kind
The Hanafi jurists describe Ba’i Fasid (incorrect transaction) as a transaction that the Shari’ah recognises its origin (asl) but not its description (wasf).[i] Such a transaction, though incorrect, is not irretrievably illegal. Once the incorrect description or condition is removed, the transaction becomes correct and valid. An example of this is the following Hadith:
Aisha bought Barira in order to set her free but her masters stipulated that her Wala after her death would be for them. Aisha said; O Allah’s Messenger! I have bought Barira in order to set her free but her masters stipulated that her Wala will be for them. The Prophet (s) said: “Set her free as the Wala is for the one who set free the slave” or said, “The one who pays her price”. Then Aisha bought and set her free.[ii]
The Messenger of Allah permitted the transaction with the incorrect condition which he later cancelled.[iii]Therefore in answer to your question, the Dhabh will be valid with detestability as Bai’ Fasid still gives ownership and possession to the owner.
Only Allah knows best
Written by Imam Abdul-Malik Sheikh
Checked and approved by Mufti Mohammed Tosir Miah
[i]See Al-Lubab Fi Sharh al-Kitab of Imam a-Midani, Dar Al-Ma’riha Beirut, Vol 1p194
[ii]Bukhari & Muslim
[iii]Al-Ikhtiyar Li Ta’lil al-Mukhtar of Imam Al-Mawsuli,, Dar Al-Ma’rifah, Vol 2 p 26,