Rulings pertaining to the sacrificing of Udh-hiya


▪️Rulings pertaining to the sacrificing of Udh-hiya▪️

Taken from the lessons of the noble Shaykh Abu Abdillaah Muhammad Ibn Hizaam, may Allaah preserve him and make him a source of benefit for Islaam as well as the Muslims

Lesson One:

بسم الله الرحمن الرحيم

All Praise belongs to Allah. We praise Him, seek His aid and forgiveness. We seek refuge with Him from our evilness and from our evil actions. I declare that none has the right to be worshiped except Allah alone, without any partner(s), and I declare that Muhammad (may the peace and blessings of Allah The Most High be upon him and his family) is his slave and messenger.

Yesterday we promised we would cover some issues pertaining to slaughtering on Eidul-Adhaa as this will be required in the coming days.

Q1. Where does the word Udh-hiya originate from?

A1. The word ‘Adhaahee’ (الأضاحي) is the plural of ‘Udh-hiya’ (أضحية); with a dhamma on the hamza. It can also be pronounced Idh-hiya (إضحية); with a kasra on the hamza.

This naming is taken from the time of its occurance on ‘Eid day; ‘dhuha’ (The period after sunrise, until shortly before midday).

Q2. What is the evidence that the Prophet ﷺ instructed the people to offer a sacrificial animal on the day(s) of ‘Eid?

A2. The Hadeeth of Jundub ibn Sufyaan (may Allah be pleased with him) in Saheeh Muslim; The Prophet ﷺ said: ‘Whoever slaughtered his sacrificial animal before the [Eid] Prayer, let him slaughter another one in its place (after the prayer). And whoever has not slaughtered then let him slaughter in the name of Allah’.

Likewise, the Hadeeth of Abu Hurayrah (may Allah be pleased with him) – although the scholars have determined that it is from the statement of the Abu Hurayrah (Mawqoof) – that he said: ‘Whoever is able, but does not slaughter a (sacrificial animal), let him refrain from coming close to our Musalla (place of prayer).

Q3. What is the ruling of slaughtering on Eid?

A3. The scholars differed concerning the ruling of this slaughtering. Is it obligatory or recommended? Those who said it is obligatory based this on the command of the Prophet ﷺ that whoever slaughtered before the (Eid) Prayer must slaughter another one in its place. Additionally, they used the Hadeeth of Al-Barra ibn Aazib (may Allah be pleased with him) that when his maternal uncle slaughtered before the Eid Prayer, the Prophet (may the peace and blessings of Alllah be upon him) ordered him to repeat it (by sacrificing another animal). His uncle enquired (may Allah be pleased with him): ‘I have a female-goat, will it suffice me?’

Those who said it is obligatory cite his statement, ‘will it suffice me’, as evidence. This is the understanding of a group of scholars, including Imam Ahmed (as has been reported upon him in one narration) as well as Al-Awzaa’ee.

However, most of the scholars said it is recommended – not obligatory. This is the view of Imam Malik, Imam Shaafi’ee and Imam Ahmed (as has been recorded in a separate narration from him).

Q4. What is the evidence that it is not obligatory?

A4. From the evidences that it is not obligatory is that the Prophet ﷺ slaughtered two horned goats and said ‘Oh Allah, this is for me and for anyone who has not slaughtered from my nation’.

Likewise, the Hadeeth of Umm Salamah in Saheeh Muslim. The Prophet ﷺ said; ‘If one of you enters the ten (days of Dhul Hijjah) [and in another narration]; if the moon of Dhull Hijjah appears and one of you wishes to slaughter (a sacrificial animal) then let him refrain from cutting his hair and nails’.

The point of evidence is the saying of the Prophet ﷺ ‘and one of you wishes to slaughter’, because he attached slaughtering to the wish/choice of the individual.

Furthermore, it is also established that Abu Bakr, Umar ibnul Khattab and Abu Mas’ood Al-Ansaari would all intentionally refrain from slaughtering a sacrificial animal in order to make the people aware that slaughtering was not something mandatory. This was reported from them with an authentic chain of narration in Suanul Bayhaqi.

As for the Hadeeth of Jundub wherein the Prophet ﷺ instructed whoever had slaughtered before the Eid Prayer to slaughter another in its place (after the Salaah), then the response to this is that this instruction was merely to demonstrate the invalidity of a slaughtering before the Salaah.

And the response to the statement of Barra’s uncle (may Allah be pleased with them both), ‘will it be accepted from me?’ is that this phrase (will it be accepted) is used for both obligatory and recommended acts of worship. For example, a person might say; ‘Will praying Witr before the Isha Salaah be accepted?’ i.e. Will I revise any reward for this? Similarly, ‘Will fasting the 6 days of Shawwal inconsecutively be accepted from me, or must they be fasted consecutively?

Most scholars are of the view that it is recommended and this is the correct view. Nonetheless, this recommendation is highly emphasised by the saying of Allaah:

فَصَلِّ لِرَبِّكَ وَٱنْحَرْ

So pray to your Lord and sacrifice [to Him alone].

Al-Kawthar 108:2

And His saying:

قُلْ إِنَّ صَلَاتِى وَنُسُكِى وَمَحْيَاىَ وَمَمَاتِى لِلَّهِ رَبِّ ٱلْعَٰلَمِينَ

Say, “Indeed, my prayer, my rites of sacrifice, my living and my dying are for Allah, Lord of the worlds.

Al-An’am 6:162

This act of worship; sacrificing purely for the sake of Allah, is one of the greatest means by which a person draws closer to Allah, The Almighty and Majestic. That is because it is from the acts of worship that require the combined presence of health and wealth.

Q5. What is the ruling of refraining from cutting one’s hair and nails?

A5. If the crescent (marking the beginning) of Dhull Hijjah is cited – and this is usually visible before sun set on the last day of Dhul Qi’dah – then whoever wishes to slaughter a sacrificial animal (on the day(s) of Eid) should cut his nails prior to sunset.

This is based on the Hadeeth of Umm Salamah wherein the Prophet ﷺ said: ‘If of you enters the (first) ten (days of Dhull Hijjah) and wishes to slaughter a sacrificial animal, let him refrain from taking anything from his hair’. In another narration he ﷺ said: ‘Let him refrain from (cutting) his hair and nails’.

Imam Ahmed, Ishaaq, Daawood (Ath-Thaaheree), Rabee’ah, As-San’aanee, Ash-Shawkaanee, Al-Waadiee and Al-Uthaymeem (may the mercy of Allah be perform them all) deemed this to be haraam, whereas others saw it to be something disliked (makrooh).

Q6. Does the ruling of refraining from cutting the hair and nails apply to the family collectively or is it specific to the individual who is offering the sacrifice?

A6. This only applies to the individual offering the sacrifice, as the command of the prophet ﷺ in his saying: ‘If one of you intends to slaughter’ is directed to this individual specifically.

The wording here; ‘intends to slaughter’ relates to the one purchasing the sacrificial animal (who is usually the head of the family). It is he who is considered the slaughterer here and is thus the recipient of this command; ‘if he intends to slaughter (a sacrificial animal) then let him refrain from (cutting) his hair and nails’.

So the correct view is that this is an order that applies to the person who is offering the sacrifice specifically. This is the chosen view of Shaykh ibn Baz and Uthaymeen may the mercy of Allah be upon them both.

The opposing view that this ruling applies to the entire family/household is based on the fact that they all share in the reward for the sacrifice. However, this does not necessitate their inclusion in this particular ruling, especially as it was directed to a single individual.

Therefore what is apparent is that this is specific to the individual offering the sacrifice. So removal of hair or nails on his behalf is Haraam, as the base rule of prohibitions in the religion is that it indicates something is Haraam.

Q7. If a person who does not possess a sacrificial animal, or one who has no intent to sacrifice, cuts his hair and nails (during the ten days) thereafter he obtains a sacrificial animal – what does he do?

A7. He must refrain the moment he commits to slaughtering a sacrificial animal.

Q8. If a person gives you money to purchase a sacrificial animal and slaughter it on their behalf on the day of Eid, who must refrain from cutting their hair and nails – you or the one who entrusted you?

A8. It is upon the one who gave you the money to refrain from cutting their hair and nails. As for the one who has been entrusted with the purchase and slaughter, then he does not refrain from cutting his hair and nails unless he too intends to slaughter one for himself.

Q9. If a person in Europe or America entrusts you to slaughter a sacrificial animal for him, do you slaughter it after you have prayed Eid or wait until they have offers the prayer?

A9. You wait until they have prayed, because it is their sacrificial offering – not yours.

Q10. When does the time of slaughtering begin?

A10. It begins immediately after the Eid Salah according to the Hadeeth of Jundub ibn Sufyaan (may Allah be pleased with him) in Saheeh Muslim wherein the Prophet (may the peace and blessings of Allah be upon him) said: ‘Whoever slaughters his sacrificial animal before the [Eid] Prayer then let him slaughter another one in its place (after the Salaah). And whoever has not slaughtered then let him slaughter in the name of Allah’. This is the view of the majority and it is the correct view. It is also the view of Imam Ahmed and Ishaaq.

Q11. Must it be delayed until after the Eid sermon (which takes place after the Eid Salaah) or can one slaughter immediately after the Salaah?

A11. It’s not necessary to slaughter after the sermon. It is permissible to slaughter immediately after the Prayer. In fact, attendance of the actual sermon is neither a condition for the acceptance of one’s slaughterer, nor is it obligatory in the first place.

Imam Ash-Shaafi’ee held the view that it is permissible to slaughter after the passing of a time equivalent to the length of the prayer and khutbah. If performed after this time (according to him), the slaughter is acceptable, even if the one sacrificing does not attend the prayer.

However what is clearly apparent from the Hadeeth is that it is connected to offering the Prayer. This is the understanding of Imam Ahmad, Sufyan Ath-Thawree and Abu Haneefa, and it is the correct view in this matter, based on the Hadeeth of Jundub.

Q12. When is the deadline for offering the sacrifice?

A12. The last day of the days of ‘At-Tashreeq’. This is the correct view pertaining to this matter as shown in the Hadeeth of Jubair ibn Mut’im in Al-Bayhaqi. The Prophet ﷺ said: ‘The days of At-Tashreeq are all days of sacrifice’.

Although this Hadeeth is unauthetic due to the disconnected chain of narration and it’s ambiguity. It has however, been authentically reported that a group of companions of the Prophet used to slaughter sacrificial animals during the days of At-Tashreeq.

Slaughtering on the first and second day of At-Tashreeq is established from the actions of Ibn Umar as well as Anas.

As is well known, the rulings of the days of At-Tashreeq are linked to the rites of Hajj; they are designated days for the remembrance of Allah, it is prohibited to fast within them and it is also legislated for the pilgrim to offer a sacrificial animal within these days. And the time frame to do so extends until the third day of At-Tashreeq.

Whilst it is not established that ibn Umar and Anas slaughtered on the third and final day of the days of At-Tashreeq, the three days all share the same ruling. Hence, many senior scholars such as Shaykh ibn Baaz, Shaykh Uthaymeen and our Shaykh, Shaykh Muqbil have all given fatwas allowing slaughtering to take place on the third day.

Q14. Is it permissible to slaughter a sacrificial animal at any time during the days of At-Tashreeq, or must it only occur after the prayer?

A14. It is permissible during all of the days; morning and evening; day as well as night. However slaughtering at daytime is better.

Night time is not a preferable time to slaughter because the Prophet ﷺ slaughtered during the day and because during the day people are out and about, so it’s easier to find people who are in need; to whom one can give in charity.

As for the statement of Imam Malik: ‘It is not permissible to slaughter at night’, this has no evidence to support it. Rather the days of At-Tashreeq are all days for slaughtering.

Q15. Can a sacrifice be offered on the fourth day if an individual is prevented from offering it during the first three days due to a valid reason such as sickness, or is it too late?

A15. Yes the time is over. If it was delayed intentionally then the matter is straight forward – it is not accepted. However if he had an excuse, perhaps he forgot, or relied on someone who forgot, then it is permissible for him to slaughter after the time has passed and it is hoped that Allah accepts it. We cannot say with certainty that it will be accepted. But it is hoped for him because our Lord, Mighty and Majestic is He, accepts the prayer of the one who prays outside the set time due to forgetfulness. And he is considered to have prayed ‘on time’ provided he prays as soon as he remembers.

Q16. Is it a condition for joint-owners of a sacrificial animal to all partake in its slaughter?

A16. It’s not a condition. Rather, it’s enough for one of them to slaughter on their own behalf and on behalf of everyone else, the same way that entrusting someone else, like a butcher, to slaughter on one’s behalf – is something acceptable without any doubt.

Q17. Why were the days of At-Tashreeq given this name?

A17. Due to the meat being left out to dry in the sun (sharaqa); they used to dry it so it would not spoil and for it to remain edible for the second and third day (and possibly up to) a week or two if they left it to dry under the sun’s heat long enough.

Q18. How many days of At-Tashreeq are there?

A18. Three days, excluding the day of Eid. It is recommended for those who have a sacrificial animal to seek nearness to Allah when slaughtering during this period and to be weary of allowing this great act of worship to become something customary, as is the case with many people; who have simply become accustomed to eating meat on this day with no inclination to the great reward or reflection on drawing closer to Allah The Almighty and Majestic.

This is not appropriate. Rather, what’s appropriate is for one to seek its reward.

Q19. What is the ruling on saying ‘بسم الله’ before slaughtering? And if this is not said, is it permissible to eat from its meat?

A19. Saying bismillah is a condition for the validity of every slaughter, whether it be the slaughter of Eid or other than Eid. Otherwise, it is not permissible to eat this meat due to the statement of Allah The Almighty and Majestic:

وَلَا تَأْكُلُوا۟ مِمَّا لَمْ يُذْكَرِ ٱسْمُ ٱللَّهِ عَلَيْهِ وَإِنَّهُۥ لَفِسْقٌۗ َ

‘And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it is grave disobedience.’

Al-An’am 6:121

Q20. What if he forgets to say ‘بسم الله’?

A20. The scholars differed about the consequence of this. Some have said it may be eaten because the one who slaughtered forgot, and the one who forgets is not accountable for his forgetfulness, as Allah The Almighty and Majestic states in the Quran:

ْۗ رَبَّنَا لَا تُؤَاخِذْنَآ إِن نَّسِينَآ أَوْ أَخْطَأْنَاۚ

‘Our Lord, do not impose blame upon us if we have forgotten or erred.’

Al-Baqarah 2:286

Based on this, most of the scholars excuse him in this case.

Conversely, the Hanbali scholars, along with some of the other scholars hold the view that it is unlawful to eat from any slaughter without the utterance of ‘بسم الله ‘ – intentionally or unintentionally, due to statement of Allah The Mighty and Majestic:

وَلَا تَأْكُلُوا۟ مِمَّا لَمْ يُذْكَر ٱسْمُ الله عَلَيه

‘And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it is grave disobedience.’

Likewise, The Prophet ﷺ said in regards to sacrificial animals: ‘That within which blood flows and the name of Allah has been mention over – eat.’

[Al-Bukhari and Muslim]

Thus, what’s understood from this is that meat upon which the name of Allah has not been mentioned (before slaughter) is not to be eaten.

He ﷺ also stated concerning hunting: ‘That which you caught by your bow and mentioned the name of Allah upon – eat. That which you have caught by your trained dog and mentioned the name of Allah upon – eat. That which you have caught by your untrained dog and mentioned the name of Allah upon – eat.’

So he made the mention of the name of Allah conditional in all of the aforementioned scenarios.

Q21. Is it permissible to eat from meat if he (the slaughterer) only says ‘بسم الله ‘ and does not say ‘الله أكبر’?

A21. Yes, it is permissible.

Q22. Is the addition of ‘الله أكبر’ applicable to every slaughter, or is it specific to the slaughter of Eid?

A22. Saying Allahu Akbar is specific to the slaughter of Eid. The ‘basmalah’ however, must be said prior to all sacrifices, as Allah The Almighty and Majestic states:

وَلَا تَأْكُلُوا۟ مِمَّا لَمْ يُذْكَرِ ٱسْمُ ٱللَّهِ عَلَيْهِ وَإِنَّهُۥ لَفِسْقٌۗ َ

‘And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it is grave disobedience.’

Al-An’am 6:121

As for saying ‘bismillahi wallahu akbar’ then this was established from the Prophet ﷺ in the Hadeeth of Anas in Bukhari and Muslim upon slaughtering his sacrificial offering on the day of Eid. This was also reported by A’ishah in a separate narration in Muslim.

Q23. Is this addition of Allahu Akbar (prior to slaughter) obligatory or recommended, and is there a difference between (the rulings) of slaughtering on Eid and other than Eid?

A23. Saying Allaahu Akbar is recommended for the slaughter of Eid, whereas the basmalah is a condition of every slaughter. If a person says Takbeer during other sacrifices (using analogy), they are not to be criticised. However, from what is apparent; this is only said upon the slaughter of Eid. But if a person said bismillah wa Allahu akbar upon other types of slaughters, he is not to be criticised. However, limiting it to Eid is closer (to the Sunnah).

Q24. Is it a condition to direct the animal of slaughter towards the qiblah or not?

A24. It’s not a condition, nor has it been deemed as such by any scholar. It is however recommended to do so. It has been reported with an authentic chain of narration that ibn Umar (may Allah be pleased with him and his father) would direct his animal of slaughter towards the qiblah. Therefore there’s nothing wrong with saying that this is recommended and not obligatory.

Q25. What if the one slaughtering says ‘bismillahi rahmani rahmeem’ instead of ‘bismillah’?

A25. He is still regarded to have mentioned the name of Allah upon it.

Q26. Does one say ‘Oh Allah [this is] from you and for you, accept it from me’ during his sacrifice on Eid?

A26. It has been authentically reported that the Prophet ﷺ said: ‘Oh Allah accept [this] from me and from my nation’. In another narration he said ‘Oh Allah accept [this] from me’.

The dua ‘Oh Allah [it is] from you and for you. Accept [it] from me’ was narrated by Jaabir (may Allah be pleased with him and his father)

Al-Bayhaqi recorded that Abu Hurayrah narrated that the prophet ﷺ said: ‘Oh Allah [it is] from you and for you’.

However, this addition was not recorded in Saheeh Muslim.

He (peace and blessings be upon him) is also reported to have said in the report of Aisha in Saheeh Muslim: ‘bismillah Oh Allah, accept [it] from Muhammad, the family of Muhammad and the nation of Muhammad ﷺ.

Q27. What is the ruling on sacrificing a one-eyed animal?

A27. If it is one-eyed, then it is not permissible – let alone completely blind. However, some scholars viewed it permissible to slaughter a blind animal due to the extra care and provision it may receive, in contrast to the single-eyed. This view however, is incorrect.

The religion has outlined the impermissibility of slaughtering a partially blind animal so it goes without saying that the same ruling applies to the completely blind animal. Just as, for example; if an animal with a broken hand or foot is not permissible to slaughter, it goes without saying that which has two broken hands or feet is not permissible to slaughter.

Q28. Is it permissible to slaughter as a sacrifice on Eid an animal with a missing ear or broken horn?

A28. The Hadeeth narrated by Ali recorded by Imam Ahmad wherein the Prophet (peace and blessings be upon him) is reported to have forbidden this is unauthentic due to its weak chain of narration that includes Juri ibn Kalb As-Sadoosee.

Some scholars have stated this is not permissible if it has lost half or more of its horn. However, the majority view it to be permissible based upon the hadith of Al-Barra ibn Aazib (may Allah be pleased with him). It mentions four deficiencies (that disqualify an animal from being slaughtered sacrificially on Eid) and a cut off ear or horn are not mentioned.

Having said this, it has been authentically reported that Ali (may Allah be pleased with him) used to order the people to observe the eyes and ears of their sacrifices in order to offer adequate sacrifices

Q29. Is it permissible to slaughter as a sacrifice a hornless animal?

A29. If it is permissible to slaughter an animal with a broken horn, than the permissibility of slaughtering one created hornless goes without saying.

Q30. Is it permissible to slaughter an animal born with a missing ear?

A30. It is permissible.

Q31. Is it permissible to slaughter an animal with one eye?

A31. It is not permissible.

Q32. Is it permissible to slaughter a blind animal?

Q32. It is not permissible.

Q33. Is it permissible to slaughter a camel with a (partly or completely) backside?

The correct view is that it is permissible. However, it is better not to because it is a limb of great value. For this reason many scholars viewed this as impermissible whilst others viewed it to be a greater deficiency than being one-eyed. That which is apparent is that it is permissible. This was the chosen view of Dawud At-Thaaheree and As-Shawkaani.

Q34. Is it permissible to slaughter an animal with broken teeth?

A34. It is permissible.

Q35. what are the four agreed upon deficiencies that disqualify an animal from slaughter?

A35.

(1) The loss of an eye

(2) Clear physical immobility

(3) Clear sickness

(4) Emaciation

And anything considered worse than the aforementioned.

Q36. Can a sacrificial animal be shared between one family?

A36. The saying of the Prophet (peace and blessings be upon him) ‘Oh Allah accept (this sacrifice) from me and from the family of Muhammad (peace and blessings be upon him)’ highlights the permissibility of sharing the sacrificial animal between one’s spouse, (immediate) family and (other) relatives, if you one wishes.

It is permissible for more than one household to share in the purchase of a sacrifice and its reward. However, it will not be accepted as a sacrifice of Eid except for one family.

Q37. Is the animal slaughtered lying down on its side or standing?

A37. Cows and goat/sheeps are slaughtered on their sides, whilst the camel is slaughtered standing.

Q38. The Question says: some people slaughter the cow while it is standing and it’s head is tied. (What is the ruling of this?)

A38. This is a contrary to prophetic method of sacrifice (peace and blessings be upon him). He (peace and blessings be upon him) said: ‘Verily Allah has decreed goodness in all things. So if you kill; kill in a good manner, and if you slaughter; slaughter in a good manner.

Q39. What animals are to be slaughtered for Udh-hiya?

A39. It is not permissible to slaughter other than grazing livestock for Udh-hiya.

Allah The Most High states:

لِّيَذْكُرُوا۟ ٱسْمَ ٱللَّهِ عَلَىٰ مَا رَزَقَهُم مِّنۢ بَهِيمَةِ ٱلْأَنْعَٰمِۗ َ

That they may mention the name of Allah over what He has provided for them of [sacrificial] animals.

[Al-Hajj 22:34]

The scholars had unanimously agreed upon this prior to the view of ibn Hazm that it is permissible to slaughter other than cattle, such as chicken.

And the scholars have unanimously agreed that grazing livestock are of three types; camel, cow and all types of goats, such as sheep.

Q40. Is it permissible to slaughter a horse for udh-hiya?

A40. It is not permissible, because it is not from the grazing livestock.

Q41. Is it permissible to slaughter rabbits for Udh-hiya?

A41. It is not permissible, because they not from the grazing livestock.

Q42. Is it permissible to slaughter a zebra for Udh-hiya?

A42. Zebra meat is permissible to eat, but it is not acceptable to slaughter as Udh-hiya.

Q43. ‘Four (defects) that are not permitted within ‘Al-Adaahee’:

A43. It is a condition that the udh-hiya is free of defects. There are four agreed upon defects that make an animal ineligible for slaughter, and these defects are derived from the Hadeeth of Al-Barra ibn ‘Azib and recorded by Imam Ahmed, Abou Dawood and others. The Prophet (peace and blessings be upon him) said: ‘Four (defects) that are not permitted within ‘Al-Adhaahee’: The clear loss of vision in one eye, clear physical immobility, clear sickness and emaciation.

Q44. What is meant by clear loss of vision in one eye?

A44. This means that this defect is clearly apparent to the onlooker.

Q45. What is meant by clear sickness?

A45. This means that the sickness is clearly apparent to the onlooker. If It is minor and unclear then this is not considered a defect.

Q46. What is meant by clear physical immobility ?

A46. This means that the physical disability is clearly apparent to the onlooker.

Q47. What is meant by ‘unacceptably thin’?

A4. Emaciation. This is when the meat on the bone has become extremely thin.

_____

Translated by:

Abu Sufyaan Saami Al-Ghaani

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Original Fatwa:

https://t.me/ibnhezam/7579