هَلاك

هَلاك

Halak in the legal sense is the loss of a thing's intended benefit, whether or not it survives, and it is also used of death. ¹ If a sold article perishes before delivery it is at the seller's risk; if it perishes with the buyer and a defect is later found, the buyer recovers the arsh (compensation for the defect), except that the Malikis hold that if the destruction was caused by a defect the seller concealed, the buyer recovers the whole price. ^{2 3} If the property perishes before a year is complete, or before the owner can pay, the zakat falls away; if it perishes after the owner could pay, the zakat stands as a debt. ³ If a sheep or camel is designated as a sacrifice and dies before the day of sacrifice, the owner owes nothing; if it perishes through his negligence he is liable. ^{3 4} The Shafi'is and Hanbalis treat the pledgee's possession as a trust, so he is not liable for loss without fault; the Hanafis treat it as a liability. ⁴