Paying for an item upfront before the order is processed

Q: Someone has a business where he sells day old chicks. The customers order the chicks during the week and he delivers it on Thursday. However, the orders are not processed until they pay for it upfront.

1. Is the deal correct since the customer has to pay when he orders it and not when he receives it?
2. Sometimes the chicks die before they can be delivered to the customer. Who will be responsible for the dead chicks? (Who will bear the loss?)

A:

1. Paying before receiving the chicks is permissible, however the nature of this dealing will be treated as a promise to do the transaction. The transaction however will only take place at the time the purchaser takes possession of the chicks.
2. In the case where the chicks die before delivery, since there was no transaction, the money will have to be returned. 

قال البيع ينعقد بالإيجاب والقبول إذا كانا بلفظي الماضي مثل أن يقول أحدهما بعث والآخر اشتريت (هداية 3/18)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)