Thursday 2 October 2014

DEFINITION OF UDHIYAH AND RULING THEREON: A DETAIL DISCUSSION ON IMPORTANT ISSUES

DEFINITION OF UDHIYAH AND RULING THEREON: A DETAIL DISCUSSION ON IMPORTANT ISSUES.



Definition of udhiyah and ruling thereon

What is meant by udhiyah (sacrifice)? Is it obligatory or Sunnah?


Praise be to Allaah. 



The word udhiyah means an animal of the ‘an’aam class (i.e., camel, cow, sheep or goat) that is slaughtered during the days of Eid al-Adha because of the Eid and as an act of worship, intending to draw closer to Allaah thereby. 


This is one of the rituals of Islam prescribed in the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), and according to the consensus of the Muslims.
In the Qur’aan: 



1 – Allaah says (interpretation of the meaning):
“Therefore turn in prayer to your Lord and sacrifice (to Him only)”
[al-Kawthar 108:2] 


2 – Allaah says (interpretation of the meaning):
“Say (O Muhammad): Verily, my Salaah (prayer), my sacrifice, my living, and my dying are for Allaah, the Lord of the ‘Aalameen (mankind, jinn and all that exists).
He has no partner. And of this I have been commanded, and I am the first of the Muslims”
[al-An’aam 6:162] 



The word nusuk (translated here as sacrifice) means sacrifice; this is the view of Sa’eed ibn Jubayr. And it was said that it means all acts of worship, including sacrifice, which is more comprehensive. 


3 – Allaah says (interpretation of the meaning): 


“And for every nation We have appointed religious ceremonies, that they may mention the Name of Allaah over the beast of cattle that He has given them for food. And your Ilaah (God) is One Ilaah (God Allaah), so you must submit to Him Alone (in Islam). And (O Muhammad) give glad tidings to the Mukhbitoon [those who obey Allaah with humility and are humble from among the true believers of Islamic Monotheism]”
[al-Hajj 22:34]
In the Sunnah: 


1 – It was narrated in Saheeh al-Bukhaari (5558) and Saheeh Muslim (1966) that Anas ibn Maalik (may Allaah be pleased with him) said: “The Prophet (peace and blessings of Allaah be upon him) sacrificed two white rams speckled with black. He slaughtered them with his own hand, said ‘Allaahu akbar’ and put his foot on their necks.” 


2 – It was narrated that ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) said: “The Prophet (peace and blessings of Allaah be upon him) stayed in Madeenah for ten years, offering sacrifice (every year on Eid).” Narrated by Ahmad, 4935; al-Tirmidhi, 1507; classed as hasan by al-Albaani in Mishkaat al-Masaabeeh, 1475. 


3 – It was narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) shared out sacrificial animals amongst his companions, and ‘Uqbah got a sheep that was six months old. He said, “O Messenger of Allaah, I got a sheep that is six months old.” He said, “Offer it as a sacrifice.” Narrated by al-Bukhaari, 5547.
4 – It was narrated from al-Baraa’ ibn ‘Aazib (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever offers a sacrifice after the prayer has completed his rituals (of Eid) and has followed the way of the Muslims.” Narrated by al-Bukhaari, 5545. 


The Prophet (peace and blessings of Allaah be upon him) offered sacrifices, as did his companions (may Allaah be pleased with them). And he said that sacrifice is the way of the Muslims.
Hence the Muslims are unanimously agreed that it is prescribed in Islam, as was narrated by more than one of the scholars. 


But they differed as to whether it is Sunnah mu’akkadah (a confirmed Sunnah) or it is obligatory and it is not permissible to omit it. 


The majority of scholars are of the view that it is Sunnah mu’akkadah. This is the view of al-Shaafa’i, Maalik and Ahmad according to his most well-known view.


Others were of the view that it is obligatory. This is the view of Abu Haneefah and one of the views narrated from Ahmad. This was also the view favoured by Ibn Taymiyah who said: “This is one of the views narrated in the madhhab of Maalik, or it appears to be the view of Maalik.”
From Risaalat Ahkaam al-Udhiyah wa’l-Dhakaah by Ibn ‘Uthaymeen (may Allaah have mercy on him).


Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Udhiyah is Sunnah mu’akkadah for the one who is able to do it, so a person should offer the sacrifice on behalf of himself and the members of his household.”
Fataawa Ibn ‘Uthaymeen, 2/661.
Ruling on slaughtering one animal for both udhiyah and ‘aqeeqah



Is it permissible to slaughter one animal with the intention of both udhiyah and ‘aqeeqah?.
Praise be to Allaah. 


If the udhiyah and ‘aqeeqah are combined, and the person wants to offer ‘aqeeqah for his child on the day of Eid al-Adha, or during the days of al-Tashreeq, does the udhiyah count as ‘aqeeqah too?
The fuqaha’ differed concerning this issue and there are two views: 


The first view is that the udhiyah does not count as the ‘aqeeqah too. This is the view of the Maalikis and Shaafa’is, and is narrated from Imam Ahmad in one report. 


The evidence quoted by those who hold this view is that each of them – both ‘aqeeqah and udhiyah – is to be done for its own sake, so one of them cannot count as the other too. And because each of them is done for a different reason, so one of them cannot be counted as the other, like the sacrifice offered by the pilgrim doing tamattu’ and the sacrifice offered as a fidyah. 


Al-Haytami said in Tuhfat al-Muhtaaj Sharh al-Minhaaj (9/371): The apparent meaning of the words of our companions is that if a person intends to offer a sheep as both udhiyah and ‘aqeeqah, it fulfils neither purpose. This is obvious because each of them is a Sunnah that is done for its own sake. End quote. 


Al-Hattaab (may Allaah have mercy on him) said in Mawaahib al-Jaleel (3/259): With regard to slaughtering the animal for both udhiyah and ‘aqeeqah or a wedding feast, it says in al-Dakheerah: the author of al-Qabas said: Our Shaykh Abu Bakr al-Fihri said: If he slaughters his sacrificial animal as both udhiyah and ‘aqeeqah, it will not count, but if he offers it as a wedding feast it will count. The difference is that what matters in the first two cases is shedding blood (of the sacrificial animal), and one such will not count for two. But in the case of the wedding feast the aim is to offer food, which is not contrary to shedding blood, so they may be combined. End quote. 


The second view is that the udhiyah may also count as ‘aqeeqah. This is narrated in another report from Imam Ahmad, and it is the view of the Hanafis. It is also the view of al-Hasan al-Basri, Muhammad ibn Sireen and Qataadah (may Allaah have mercy on them). 


The evidence quoted by those who hold this view is that the purpose behind them is to draw closer to Allaah by offering a sacrifice, so the one may be included in the other, just as the prayer to greet the mosque may be included with the obligatory prayer for the one who enters the mosque.
Ibn Abi Shaybah (may Allaah be pleased with him) narrated in al-Musannaf (5/534) that al-Hasan said: If they offer the udhiyah on behalf of the child that also counts as ‘aqeeqah. 


It was narrated that Hishaam and Ibn Sireen said: The udhiyah may also count as ‘aqeeqah.
It was narrated that Qataadah said: It does not count unless ‘aqeeqah is done and he has to offer ‘aqeeqah separately. 


Al-Bahooti (may Allaah have mercy on him) said in Sharh Muntaha al-Iraadaat (1/617): If the times for ‘aqeeqah and udhiyah coincide, in that the seventh day or thereabouts coincides with the days of sacrifice, and he offers the ‘aqeeqah, that may also count as the udhiyah, or if he offers the udhiyah it counts as the other, just as if the day of Eid falls on a Friday, and he does ghusl for one of them, and if the pilgrim doing tamattu’ or Qiraan slaughters a sheep on the day of sacrifice, it counts as both the hadiy that is required of him and as the udhiyah. End quote. 


And he (may Allaah have mercy on him) said in Kashshaaf al-Qinaa’ (3/30): If he combines the ‘aqeeqah and udhiyah, and intends to slaughter the animal for both, i.e., for the ‘aqeeqah and the udhiyah, it counts for both, and this was stated by Imam Ahmad. End quote. 


This view was favoured by Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) who said: If he combines udhiyah and ‘aqeeqah then one is sufficient for the head of the household. He should intend to offer the sacrifice on behalf of himself and the ‘aqeeqah will be included with that. According to the view of some of them, the two should be done for one person, so the udhiyah and ‘aqeeqah should be done on behalf of the child. According to others, this is not essential; if the father is going to slaughter it then the udhiyah is on behalf of the father and the ‘aqeeqah is on behalf of the child. 


To sum up: if he slaughters the sacrifice for an udhiyah that he intends and for the ‘aqeeqah then it is acceptable. End quote. 


Fataawa al-Shaykh Muhammad ibn Ibraaheem (6/159). 


What should one say when slaughtering the udhiyah?

Is there a specific du’aa’ that I can recite when slaughtering the udhiyah?.


Praise be to Allaah. 



The Sunnah for one who wants to slaughter the udhiyah is to say when slaughtering it:
Bismillaah, wa Allaahu akbar, Allaahumma haadha minka wa laka, haadha ‘anni (or if it is being offered on behalf of someone else, haadha ‘an [fulaan]), Allaahumma taqabbal min [fulaan] wa aali [fulaan]. 


(In the name of Allaah, Allaah is most great. O Allaah, this is from You and to You. This is on my behalf (or if it is being offered on behalf of someone else, This is on behalf of [So and so]). O Allaah, accept (this sacrifice) from [So and so] and the family of [So and so]) – here he should mention his name instead of [fulaan] or [So and so]. 


What is obligatory here is to say Bismillaah; the rest is mustahabb but is not obligatory.
Al-Bukhaari (5565) and Muslim (1966) narrated that Anas said: The Prophet (peace and blessings of Allaah be upon him) sacrificed two horned rams that were white speckled with black. He slaughtered them with his own hand, said Bismillaah and Allaahu akbar, and put his foot on their necks.
Muslim (1967) narrated from ‘Aa’ishah that the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that a horned ram be brought to him so that he could sacrifice it. He said, “O ‘Aa’ishah, give me the knife.” Then he said, “Sharpen it on a stone.” So she did that, then he took it and took the ram, and he lay it down and prepared to slaughter it. He said, “In the name of Allaah, O Allaah accept (this sacrifice) from Muhammad and the family of Muhammad and the ummah of Muhammad,” then he sacrificed it. 


Al-Tirmidhi (1521) narrated that Jaabir ibn ‘Abd-Allaah said: I was present with the Prophet (peace and blessings of Allaah be upon him) on the day of al-Adha at the prayer place. When he had finished his khutbah he came down from his minbar and a ram was brought which the Messenger of Allaah (peace and blessings of Allaah be upon him) slaughtered with his own hand. He said, “In the name of Allaah, Allaah is Most Great. This is on behalf of myself and on behalf of those of my ummah who have not offered a sacrifice.” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
In some reports the words “O Allaah, this is from You and to You” are added. See Irwa’ al-Ghaleel, 1138, 1152.


Allaahumma minka (O Allaah, from You) means this sacrifice is a gift and provision that has reached me from You. Laka (to You) means, it is sincerely for You alone.
See al-Sharh al-Mumti’, 7/492.
Conditions of udhiyah (Sacrifice)


There are six conditions for the udhiyah: 


-1-
It should be one of the an’aam class of animals, which are: camels, cattle, sheep and goats, because Allaah says (interpretation of the meaning):
“And for every nation We have appointed religious ceremonies, that they may mention the Name of Allaah over the beast of cattle that He has given them for food”
[al-Hajj 22:34] 


Baheemat al-an’aam (translated here as “beast of cattle”) includes camels, cattle and sheep. This is what is well known among the Arabs, and this was the view of al-Hasan, Qataadah and others. 


-2-
It should have reached the age stipulated in sharee’ah, which is six months for a sheep and the age at which the animal is considered to be an adult for any other animal, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not sacrifice anything but an adult animal, unless it is difficult for you, in which case you may slaughter a six-month old lamb (jadh’ah).” Narrated by Muslim. 


A mature animal means one that is considered to be an adult.
In the case of camels it means one that is five years old.
For cattle, it means one that is two years old.
For sheep it means one that is a year old.
The jadh’ah is that which is half a year old. So it is not correct to sacrifice a camel, cow or goat that has not yet reached maturity, or a sheep that is less than six months old. 


-3-
It should be free of any faults that would render it unsuitable for sacrifice, of which there are four:
1 – An obvious defect in one eye, such as when the eye is sunken in its socket, or when it sticks out like a button, or is white and obviously defective. 


2 – Obvious sickness, whose symptoms are clearly apparent in the animal, such as fever that prevents it from grazing and causes loss of appetite; mange that obviously affects its flesh or its health; deep wounds that affect its health, and so on. 


3 – Obvious lameness, which prevents the animal from walking normally. 


4 – Emaciation that leaves no marrow in the bones, when the Prophet (peace and blessings of Allaah be upon him) was asked about what should be avoided in udhiyah, he gestured with his hand and said: “Four: a lame animal which is obviously lame, a one-eyed animal whose defect is obvious, a sick animal whose sickness is obvious, and an emaciated animal that no one would choose.” Narrated by Maalik in al-Muwatta’ from the hadeeth of al-Bara’ ibn ‘Aazib. According to a hadeeth narrated from him in al-Sunan, he said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) stood up among us and said: ‘There are four which are not permissible for sacrifice,’” and he mentioned something similar. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1148.
These four faults render an animal unsuitable for sacrifice, and they include similar faults or more severe faults. So the following animals are also unsuitable for sacrifice: 


1- One that is blind in both eyes.

2- One that has eaten more than it can stand, until the danger has passed.

3- One that has encountered difficulty in giving birth, until all danger has passed.

4- One that has suffered something that could kill it, such as strangulation or a fall from a high place, until the danger has passed.


5- One that is unable to walk because of a defect.


6- One that has had one of its forelegs or hind legs cut off. 


If these are added to the four defects mentioned in the text, the number of those that cannot be offered as sacrifices reaches ten – these six and the four mentioned above. 


-4-
The animal should belong to the person who is offering the sacrifice, or he should have permission for that either on the grounds of sharee’ah or from the owner. The sacrifice is not valid if the animal slaughtered does not belong to the person who is sacrificing it, such as one that has been taken by force, stolen, or taken on the basis of a false claim, etc, because it is not permissible to draw closer to Allaah by means of sin. A sacrifice offered by the guardian of an orphan from the orphan’s property is valid if that is customary and if he feels sad about not offering a sacrifice.
A sacrifice offered by a guardian from the property of the person under his care is valid, if done with permission. 


-5-
No one else should have any rights to the sacrificial animal; the sacrifice of an animal that is held in pledge is not valid. 


-6-
It should be slaughtered at the time specified in sharee’ah, which is from after the Eid prayer on the Day of Sacrifice until sunset on the last of the days of al-Tashreeq, which is the 13th of Dhu’l-Hijjah. So the days when the sacrificed may be offered are four: the day of Eid after the prayer, and the three days after that. Whoever slaughters it before the Eid prayer is over, or after sun sets on the 13th of Dhu’l-Hijjah, his sacrifice is not valid, because of the hadeeth narrated by al-Bukhaari from al-Bara’ ibn ‘Aazib (may Allaah be pleased with him), according to which the Prophet (peace and blessings of Allaah be upon him) said: “Whoever slaughters (his sacrifice) before the prayer, it is meat that he has brought to his family, but that is not the sacrifice.” And he narrated that Jundub ibn Sufyaan al-Bajali (may Allaah be pleased with him) said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) saying, ‘Whoever slaughters the sacrifice before he prays, let him replace it with another.’” And it was narrated that Nubayshah al-Hadhali (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The days of al-Tashreeq are the days of eating, drinking and remembering Allaah.’” Narrated by Muslim. 


But if he has an excuse for delaying it beyond the days of Tashreeq, such as if the animal ran away, without there being any negligence on his part, and he could not find it until after the time was over, or he appointed someone else to slaughter it and that person forgot until the time was over, then there is nothing wrong with slaughtering it after the appointed time. This is by analogy with the one who sleeps and misses a prayer, or forgets it – he should pray it as soon as he wakes up or remember it.
It is permissible to slaughter the udhiyah at any time, night or day, but it is better to slaughter it during the day, and it is better to slaughter on the day of Eid after the two khutbahs. Each day is better than the day that follows it, because that means that one is hastening to do good.
The time for udhiyah (sacrifice)



What is the time when the sacrifice should be slaughtered?.


Praise be to Allaah. 


The time for offering the sacrifice begins after the Eid prayer on Eid al-Adha and ends when the sun sets on the thirteenth of Dhu’l-Hijjah. So there are four days of sacrifice: the day of Eid al-Adha and the three days after it. 


It is better to hasten to offer the sacrifice after the Eid prayer, as the Messenger (peace and blessings of Allaah be upon him) used to do, then the first thing he would eat on the day of Eid would be meat from his sacrifice. 


Ahmad (22475) narrated that Buraydah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) did not go out on the day of (Eid) al-Fitr until he had eaten, and he did not eat on the day of (Eid) al-Adha until he came back, then he would eat from his sacrifice. 


Al-Zayla’i narrated in Nasb al-Raayah (2/221) that Ibn al-Qattaan classed it as saheeh.
Ibn al-Qayyim (may Allaah have mercy on him) said in Zaad al-Ma’aad (2/319): 

‘Ali ibn Abi Taalib (may Allaah have mercy on him) said: “The days of sacrifice are the Day of Sacrifice (yawm al-nahr) and the three days after it.” This is the view of the imam of the people of Basra, al-Hasan; the imam of the people of Makkah, ‘Ata’ ibn Abi Rabaah; the imam of the people of Syria, al-Awzaa’i; and the imam of the fuqaha’ of hadeeth, al-Shaafa’i (may Allaah have mercy on him). It was also the view favoured by Ibn al-Mundhir. The three days are specified because they are the days of Mina, the days of stoning (the Jamaraat) and the day of al-Tashreeq. It is forbidden to fast on these days. It was narrated via two isnaads, one of which supports the other, that the Prophet (peace and blessings of Allaah be upon him) said: “All of Mina is the place of sacrifice, and all the days of al-tashreeq are days of sacrifice.” End quote. 


The hadeeth was classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, 2476 

Shaykh Ibn ‘Uthaymeen said in Ahkaam al-Udhiyah, concerning the time for offering the sacrifice:
It is from after the Eid prayer on the Day of Sacrifice until the sun sets on the last of the days of al-tashreeq, which is the thirteenth of Dhu’l-Hijjah. So there are four days of sacrifice: the day of Eid after the prayer, and three days after that. Whoever slaughters his sacrifice before the Eid prayer is over, or after the sun sets on the thirteenth, his sacrifice is not valid … but if he has an excuse for delaying it until after the days of al-tashreeq, such as if the animal ran away with no negligence on his part, and he did not find it until after the time was over, or if he delegated someone to do it on his behalf and his deputy forgot until the time was over, then there is nothing wrong with offering the sacrifice after the time has ended, because there is an excuse, by analogy with the fact that one who sleeps and misses a prayer or forgets it should offer the prayer as soon as he wakes up or remembers it. 


It is permissible to offer the sacrifice during that time by night or by day, but it is better during the day, and the day of Eid after the two khutbahs is the best time. Each day is better than the following day, because that is hastening to do good. End quote. 


It says in Fataawa al-Lajnah al-Daa’imah (11/406): 

The days of sacrifice for pilgrims performing qiraan or tamattu’, and for offering the sacrifice (udhiyah) are four: the day of Eid and the three days after that. The time for sacrifice ends when the sun sets on the fourth day, according to the soundest scholarly opinion.