Thursday 3 October 2013

Article on Rulings & Fatwas on Qurabani (Sacrifice) in Islam

RULINGS & FATWAS ON QURBANI (SACRIFICE)
Article on Rulings & Fatwas on Qurbani (Sacrifice) In Islam
Assembled by
Abba Abana, Abuja, Nigeria
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Dated 2nd October 2013 {1434 Dhul Qida 28th 1434}

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad is His slave and Messenger.
What Is ‘Udhuiya’ (Qurbani)[1]?
1.0 Introduction
Udhiya’ is an Arabic word meaning "blood sacrifice", and ‘Qurbani’ is an Urdu and Persian word derived from the Arabic word "Qurban" which literally means an act performed to seek Allah’s pleasure. It is technically used for the sacrifice of an animal slaughtered for the sake of Allah.
The sacrifice of an animal has always been a recognized form of worship in many religions, but in the ‘Shariah’ (Islamic sacred law) of our beloved Prophet the sacrifice of an animal has been recognised as a form of worship only during the three days of the month Zulhijjah, namely the 10th, 11th, and 12th.
Allah Ta’ala says in the Noble Quran: "Verily, We have granted you (O Muhammad  ) Al- Kauthar (a river in paradise), So pray on to thy lord and sacrifice. For he who makes you angry will be cut off." Holy Quran Surah 109 Verses 1-3
Of all of the physical and spiritual worships the greatest is ‘salaah’, and among the worships concerning wealth, sacrifice holds a distinguished position, because the original spirit of sacrifice was to sacrifice the soul. The replacement of an animal was made due to some reasons, as it is clear from the story of Hazrat Ibrahim  and Hazrat Ismail  . That is why in other places in the Quran the mention of ‘salaah’ is made together with ‘Qurbani’. (Tafseer-E-Usmaani)

2.0 WHAT IS THE ORIGIN OF ‘QURBANI’?
This act of ‘Udhiya’ is to commemorate the unparalleled sacrifice offered by the Prophet Ibrahim . When he, in pursuance to a command of Allah Ta’ala conveyed to him in a dream, prepared himself to slaughter his beloved son Ismail  and actually did so, but Allah Almighty after testing him of his submission, sent down a ram and saved his son from the logical fate of slaughter. It is from that time onwards that the sacrifice of an animal became an obligatory duty to be performed by every well to do Muslim.
Concerning this incident the Glorious Quran says: "And when he attained the age of running with him (Ibrahim ), he said: "O my son verily I have seen in a dream that I am slaughtering thee, so look, considerest thou?" He said: "O my father! Do that which thou art commanded, thou shalt find me, Allah willing, of the patients."

"Then when the two submitted themselves and had prostrated him on his temple."
"We cried unto him: "O Ibrahim! Of a surety thou hast fulfilled the vision. Verily We! That was a trial manifest. And We ransomed him with a mighty victim. And We left for him among the posterity. Peace be unto Ibrahim. Verily We! Thus we compense the well doers. Verily he was one of Our believing bondsmen." (37:102-111)
Thus this very incident is also the origin of ‘Takbeer-e-Tashreeq’.


Eminent jurispudents have stated that the origin of the ‘Takbeer-e-Tasreeq’ is when the Prophet Ibrahim  made Hazrat Ismail  lie down, Allah ordered Hazrat Jibraeel  to take along a ‘fidyah’(ransom) and when Hazrat Jibraeel  arrived there, he feared that Hazrat Ibrahim  would slaughter Ismail  and so he began shouting "Allah Akbar, Allah Akbar."
Hearing his voice, Prophet Ibrahim  took it as a glad tiding and exclaimed, "Laa ilaaha allallahu wallahu akbar."
Hazrat Ismail  also came to know that the ‘fidyah’ arrived and he got up saying, "Allahu akbar wa lillahil hamd," and began to eulogise and thank Allah.
3.0 WHAT IS THE PHILOSOPHY OF ‘QURBANI’[2]?
Mufti Muhammad Taqi Uthmaani states that the philosophy behind ‘Udhiya’ is that it is a demonstration of total submission to Allah and a proof of complete obedience to Allah’s will or command. When a Muslim offers a ‘Udhiya’ this is exactly what he intends to prove. Thus, the ‘Udhiya’ offered signifies that he is a slave of Allah at his best. And that he would not hesitate even for a moment once he receives an absolute command from his Creator to surrender before it, to obey it willingly, even if it be at the price of his life and possessions.
This is exactly what the Prophet Ibrahim  did.

Apparently, there was no reason why a father should slaughter his innocent son. But, when the command came from Allah, he never asked the reason to that command, nor did he hesitate to obey it. This is the true philosophy of ‘Qurbani’.
  
4.0 What Should Be Done With the Sacrifice?
1. It is mustahabb or preferable for one who has made a sacrifice not to eat anything on that day before he eats from it, if this is possible, because of the Hadith, “Let every man eat from his sacrifice.” (Sahih Al-Jami`, 5349). This eating should be after the `Eid Prayer and khutbah (sermon). This is the opinion of the scholars, including `Ali, Ibn `Abbas, Malik, Ash-Shafi`i and others. The evidence for this is the Hadith of Buraydah (may Allah be pleased with him): “The Prophet (peace and blessing be upon him) would not go out on the Day of Fitr until he had eaten, and he would not eat on the day of Adha until he had slaughtered (his sacrifice).”
2. It is better for a person to slaughter the sacrifice himself, but if he does not, it is mustahabb for him to be present when it is slaughtered.
3. It is mustahabb to divide the meat into three: one third for consumption, one third to be given as gifts and one third to be given in charity. This was the opinion of Ibn Mas`ud and Ibn `Umar (may Allah be pleased with them). The scholars agreed that it is not permissible to sell anything from its meat, fat or skin. The Prophet (peace and blessing be upon him) is reported to have said: “Whoever sells the skin of his udhiyah, there is no udhiyah for him (i.e., it is not counted as Udhiyah).” (Sahih Al-Jami`, 6118). The butcher should not be given anything of it by way of reward or payment, because `Ali (may Allah be pleased with him) said: “The Messenger of Allah (peace and blessings be upon him) commanded me to take care of the sacrifice and to give its meat, skin and raiment (covering used for protection) in charity, and not to give anything of it to the butcher as a compensation. He said, ‘We will give him something from what we have.’” (Al-Bukhari and Muslim). It was said that it is permissible to give the butcher something as a gift, and that it is permissible to give some of it to a non-Muslim if he is poor or a relative or a neighbor, or in order to open his heart to Islam.
5.0 Rules and Significance of Udhiyah
Offering udhiyah (sacrifice) during `Eid Al-Adha is regarded as wajib (mandatory) according to Imam Abu Hanifah and a as sunnah mu'akkadah (stressed Sunnah) according to other jurists.
All those people who have the nisab (payable amount) of Zakah should offer a sacrifice. The time for offering a sacrifice begins after the `Eid Al-Adha prayer. According to a Hadith, the Prophet (peace and blessings be upon him) said that whosoever offered a sacrifice before the `Eid prayer, he or she just slaughtered an animal for meat, but whosoever made sacrifice after the `Eid Al-Adha prayer, he or she has offered a sacrifice. (Reported by Al-Bukhari)
Udhiyah (sacrifice) is an act of worship (`ibadah). As we have the times of prayers so we also have time for making a sacrifice during `Eid Al-Adha. The time of sacrifice remains until sunset on the 12th day Dhul-Hijjah. It is not required for the head of the household to offer a separate qurbani (sacrifice) for every member of the house, rather one sacrifice would be sufficient for the whole family. However, if other members of family own the nisab of Zakah, then they must offer their own sacrifice. One goat, lamb or sheep is on behalf of one person, but seven people can share in offering one cow or camel.
The udhiyah is the Sunnah of Prophet Ibrahim, Prophet Isma`il and Prophet Muhammad (peace be upon them all) It has a meaning and significance. It reminds us of the great act of sacrifice that Prophet Ibrahim and Isma`il were willing to do for the sake of Almighty Allah. Allah spared the life of Prophet Isma`eel, but He told us that [And We ransomed him with a momentous sacrifice.] (As-Saffaat 37:107). The "momentous sacrifice (dhibhin `azhim) is the sacrifice of the billions of people who have been remembering this tradition for the last four thousand years. Other people who claim to follow Prophet Ibrahim have forgotten this tradition, but we Muslims have kept it alive without any interruption. We must keep this Sunnah and should not forget it.
There is no substitute for udhiyah. However, if one wants to offer a nafl (non-obligatory) sacrifice on behalf of oneself or one's deceased parents or some other relatives, one has a choice either to make udhiyah or give the price of the animal in charity.
The meat of the udhiyah should be divided in three equal portions: one for oneself and the family, one for friends, and one for the poor and needy. If there are more poor people, then it is good to give all of it in charity to the poor and needy
6.0 Offering Sacrifice: Things to Avoid
If anyone wants to offer a sacrifice and the month of Dhul-Hijjah has begun, either because the new moon has been sighted or because thirty days of Dhul-Qi`dah have passed, then it is haram (unlawful) for him to remove anything of his hair or nails or skin until he has slaughtered the sacrifice, because of the hadith of Umm Salamah (may Allah be pleased with her), according to which the Prophet (peace and blessings be upon him) said: “When you see the new moon of Dhul-Hijjah – according to another version, When the ten days (of Dhul-Hijjah) begin – and any one of you wants to offer a sacrifice, let him refrain (from cutting) his hair and nails” (Reported by Ahmad and Muslim). According to another version, “…let him not remove anything from his hair and nails until he has offered the sacrifice.” And according to yet another version, “…he should not touch his hair or skin.
If he forms the intention to offer the sacrifice during the first ten days of Dhul-Hijjah, then he should refrain from that from the moment he forms that intention, and there is no sin on him for anything he may have done before forming the intention.
The reason for this prohibition is that when the person who wants to offer the sacrifice joins the pilgrims in some of the rituals of Hajj— namely drawing closer to Allah by slaughtering the sacrifice—he also joins him in some of the features of ihram, namely refraining from cutting his hair, etc.
This ruling applies only to the one who is going to slaughter the sacrifice. It does not apply to the one on whose behalf a sacrifice is offered, because the Prophet (peace and blessings be upon him) said, “If any one of you wants to offer a sacrifice…” He did not say, “… is going to have a sacrifice offered on his behalf.” And the Prophet (peace and blessings be upon him) used to offer the sacrifice on behalf of the members of his household, and it is not narrated that he told them to refrain from that (cutting their hair and nails, etc).
Based on this, it is permissible for the family of the person who is going to offer the sacrifice to remove their hair, nails, and skin during the first ten days of Dhul-Hijjah.
If the person who wants to offer the sacrifice does remove anything from his hair, nails, or skin, then he has to repent to Allah and not do it again, but he does not have to offer any expiation, and that does not prevent him from offering the sacrifice as some of the common people think. If he does any of those things out of forgetfulness or ignorance, or some hair falls unintentionally, then there is no sin on him. If he needs to remove it then he may do so, and there is no blame on him, such as if a nail breaks and it annoys him, so he cuts it, or if a hair gets in his eye and he removes it, or he needs to cut his hair in order to treat a wound and the like.
7.0 CONDITIONS OF UDHIYAH OFFERING SACRIFICE
Udhiyah refers to the animal (camel, cattle, goat or sheep) offered as a sacrifice, and it as an act of worship dedicated solely to gain Pleasure of Allah. Udhiyah takes place in the country in which the person offering the sacrifice lives, during the period from after the `Eid Prayer on the Day of nahr or `Eid Al-Adha until the last of the Days of tashreeq (the 13th day of Dhul-Hijjah), with the intention of offering sacrifice. Allah says: [Therefore turn in prayer to your Lord and sacrifice (to Him only).] (Al-Kawthar 108:2)
He also says: [Say (O Muhammad): ‘Verily, my prayer, my sacrifice, my living and my dying are for Allah, the Lord of the `Alameen (mankind, jinn and all that exists).] Qul 'inna s.alaah -e wa- nusuk -e wa- mah.yaa -ya wa- mamaat -e li- 'allaah rabb al- caalamen. (Al-An`am 6:162)
[And for every nation We have appointed religious ceremonies, that they may mention the Name of Allah over the beast of cattle that He has given them for food. And your God is One God, so you must submit to Him Alone (in Islam)…] (Al-Hajj 22:34)
Udhiyah is a confirmed sunnah (sunnah mu’akkadah) according to the majority of scholars (some scholars say that it is wajib or obligatory; this will be discussed in more detail below).
The basic principle is that it is required at the appointed time from one who is alive on behalf of himself and the members of his household, and he may include in the reward whoever he wishes, living or dead.
8.0 Conditions of Udhiyah
1. The animal should have reached the required age, which is six months for a lamb, one year for a goat, two years for a cow and five years for a camel.
2. It should be free of any faults, because the Prophet (peace and blessing be upon him) said: “There are four that will not do for sacrifice: a one-eyed animal whose defect is obvious, a sick animal whose sickness is obvious, a lame animal whose limp is obvious and an emaciated animal that has no marrow in its bones.” (Sahih Al-Jami`, no. 886). There are milder defects that do not disqualify an animal, but it is makruh to sacrifice such animals, such as an animal with a horn or ear missing, or an animal with slits in its ears, etc. Udhiyah is an act of worship to Allah, and Allah is Good and accepts only that which is good. Whoever honors the rites of Allah, this has to do with the piety of the heart.
3. It is forbidden to sell it. If an animal has been selected for sacrifice, it is not permissible to sell it or give it away, except in exchange for one that is better. If an animal gives birth, its offspring should be sacrificed along with it. It is also permissible to ride it if necessary. The evidence for this is the report narrated by al-Bukhari and Muslim from Abu Hurayrah, may Allah be pleased with him, who said that the Messenger of Allah (peace and blessings be upon him) saw a man leading his camel and told him, “Ride it.” He said, “It is for sacrifice.” He said, “Ride it” a second or third time.
4. It should be sacrificed at the specified time, which is from after the prayer and khutbah of `Eid – not from when the time for the prayer and khutbah starts – until before sunset on the last day of tashreeq, which is the 13th day of Dhul-Hijjah. The Prophet (peace and blessing be upon him) is reported to have said: “Whoever sacrifices before the prayer, let him repeat it.” (Al-Bukhari and Muslim). `Ali (may Allah be pleased with him) said: “The days of nahr or sacrifice are the day of al-Adha and the three days following it.” This is also the opinion of Al-Hasan Al-Basri, `Ata’ Ibn Abu Rabah, Al-Auza`i, Ash-Shafi`i and Ibn Al-Mundhir, may Allah have mercy on them all.
9.0 SLAUGHTERING SACRIFICE IS TO SAY THIS:
9.1 The late Sheikh Ibn `Uthaymeen, a prominent Saudi Muslim scholar (may Allah shower mercy on his soul), said: The sunnah for one who wants to slaughter the udhiyah (sacrifice) is to say this when slaughtering it: “Bismillaah, wa Allahu akbar, Allahumma haadha minka wa laka, haadha ‘anni. Allahumma taqabbal minni wa min aali.” (In the name of Allah, Allah is most great. O Allah, this is from You and to You. This is on my behalf. O Allah, accept it from me and from my family.)
Or if it is being offered on behalf of someone else, say this:
“Bismillaah, wa Allahu akbar, Allahumma haadha minka wa laka, haadha ‘an (the person’s name), Allahumma taqabbal min (the person’s name), wa aali (the person’s name).” (In the name of Allah, Allah is most great. O Allah, this is from You and to You. This is on behalf of the person’s name. O Allah, accept this from the person’s name and from the family of the person’s name.)
9.2 DESCRIPTION OF THE TAKBEER: 
It was narrated in the Musannaf of Ibn Abi Shaybah with a saheeh isnaad from Ibn Mas’ood (may Allaah be pleased with him) that he used to recite takbeer during the days of tashreeq: 
Allaahu akbar, Allaahu akbar, laa ilaaha ill-Allaah, wa Allaahu akbar, Allaah akbar, wa Lillaah il-hamd (Allaah is Most Great, Allaah is most Great, there is no god but Allaah, Allaah is Most great, Allaah is most great, and to Allaah be praise). 
It was also narrated elsewhere by Ibn Abi Shaybah with the same isnaad, but with the phrase “Allaahu akbar” repeated three times. 
Al-Mahaamili narrated with a saheeh isnaad also from Ibn Mas’ood: “Allaahu akbaru kabeera, Allaahu akbaru kabeera, Allaahu akbar wa Ajallu, Allaahu akbar wa Lillaah il-hamd (Allaah is Most Great indeed, Allaah is Most Great indeed, Allaah is most Great and Glorified, Allaah is Most Great and to Allaah be praise).”
10.0 VIRTUES OF ‘QURBANI’ (UDHIYAH)
The virtues of ‘Udhiya’ are established from the following ‘Ahadith’ (Traditions).

Aa’ishah (Radiyallahu Anha) narrates that Rasulullah (Sallallahu Alaihi Wasallam) said: “There is nothing dearer to Allah Ta’ala during the days of Qurbani than sacrificing of animals. The sacrificed animal shall come on the Day of Judgment with its horns, hair, and hooves (to be weighed). The sacrifice is accepted by Allah before the blood reaches the ground. Therefore sacrifice with an open and happy heart.”(Tirmizi, Hadith #: 1493)
Umm Salama (Radi Allahu Ta'ala Anha) reported (these words) directly from Allah's Messenger (Sallal Laahu Ta'ala Alayhi Wa Sallam): If anyone has in his possession a sacrificial animal to offer as a sacrifice (on 'Id al-Adha), he should not get his hair cut and nails trimmed after he has entered the first days of Dhu'l Hijja. Sahih Muslim, Book 022, Hadith Number 4871.

It is strongly recommended to spend these days (especially the Day of Arafah) performing any kind of worship like fasting, reading Quran, extra salat, dhikr, or making tauba. Below are some hadith and ayats regarding the merits of these days and various ways to make use of them.
Abu Hurairah relates that the Messenger of Allah (SAW) said, "There are no days more loved to Allah for you to worship Him therein than the ten days of Dhul Hijjah. Fasting any day during it is equivalent to fasting one year and to offer salatul tahajjud (late-night prayer) during one of its nights is like performing the late night prayer on the night of power. [i.e.Lailatul Qadr]." [This is related by at-Tirmidhi, Ibn Majah, and al-Baihaqi]
Abu Qatadah reported that the Messenger of Allah (SAW) said, "Fasting on the day of 'Arafah is an expiation for two years, the year preceding it and the year following it. Fasting the day of 'Ashurah is an expiation for the year preceding it." [This is related by "the group," except for al-Bukhari and at-Tirmidhi]
The Prophet (peace and blessings of Allah be upon him) commanded us to recite a lot of Tasbee (subhanallah),Tahmee (alhamdulillah) and Takbeer (allahuakbar) during this time.
'Abdullaah ibn 'Umar (may Allah be pleased with him and his father) reported that the Prophet (peace and blessings of Allah be upon him) said:
"There are no days greater in the sight of Allah and in which righteous deeds are more beloved to Him than these ten days, so during this time recite a great deal of Tahleel (La ilaaha ill-Allah), Takbeer and Tahmeed." (Reported by Ahmad, 7/224; Ahmad Shaakir stated that it is saheeh).

Ibn 'Abbaas (may Allah be pleased with him and his father) also reported that the Prophet (peace and blessings of Allah be upon him) said: "There is no deed more precious in the sight of Allah, nor greater in reward, than a good deed done during the ten days of Sacrifice." He was asked, "Not even jihaad for the sake of Allah?"
He said, "Not even jihaad for the sake of Allah, except in the case of a man who went out to fight giving himself and his wealth up for the cause, and came back with nothing." (Reported by al-Daarimi, 1/357; its isnaad is hasan as stated in al-Irwaa', 3/398).

Hazrat Anas  reported that the Messenger of Allah  sacrificed with his own hands, two white rams with black markings. He took the name of Allah and recited ‘Takbir’. Hazrat Anas  states that he saw him putting his foot upon their buttocks and saying: "In the name of Allah. And Allah is the greatest". (Sahih Bukhari ,Sahih Muslim)
Note: We learn from this Hadith that one should try to make sacrifice with his own hands. If the Prophet  can sacrifice by his own blessed hands at the age of sixty, why can’t our young generation follow in his footsteps? If one cannot do so, he should at least be present at the time of slaughter.
Hazrat Jaber reported that the Messenger of Allah  slaughtered on the day of sacrifice two horned, white and black castrated rams. When he faced them towards the Qibla, he said: "Verily I turn my face towards the One who created the heavens and the earth, upon the religion of Abraham, being upright, and I am not one of the polytheists. Verily my prayer, my life and my death are all for Allah, the Lord of the worlds. There is no partner with him and I have been ordered that, and I am one of the Muslims. O Allah, it is Thine and for Thee, from Muhammad  and his Ummah: In the name of Allah. Allah is the greatest". He then slaughtered the rams.  (Ahmed, Abu Daud, Ibne Majah)
Hazrat Ayesha radiyallahu anha reports that the Apostle of Allah  said, "The son of Adam does not perform any actions on the day of sacrifice which is more pleasing to Allah than the shedding of blood. He will come on the day of resurrection with its hair, horns and hooves, and the blood certainly will fall in a place near Allah before it falls on the ground. So, make yourselves purified there with.  (Tirmizi, Ibn Majah)
Hazrat Zaid bin Arkam  reports that the Companions of Rasulullah  asked him: " Ya Rasulullah, what is this sacrifice?" He said: "it is the way of your fore father Ibrahim  ." They asked: what (reward) is for us therein?" He replied: "There is a reward for every hair (i.e. the reward for meat and useful parts of the animal’s body will be very lofty in merit, but there will also be a great reward for the parts which are useless and thrown away such as the hair)." They asked: "For the wool, Ya Rasulullah?" He replied: "There is one reward for every strand of wool."  (Ahmed, Ibn Majah)
11.0 The True Spirit of Qurbani (Sacrifice)[3]
In Islam, all that is demanded as a sacrifice is one’s personal willingness to submit one’s ego and individual will to Allah.
Islam’s attitude towards ritual slaughter is not that of blood atonement, or seeking favour with Allah through another’s death, but rather, the act of thanking Allah for one’s sustenance.

“Eid Al-Adha” is at the doorstep, many rams, cows, camels, of course, are tied to be slaughtered. What is the concept of sacrifice in Islam?
Actually, there are many misconceptions filling the mind of many non-Muslims, who fail to perceive the significance and wisdom behind acts of worship in Islam. That is why addressing those misconceptions becomes obligatory in order to erase distortions about Islam. Sacrifice is not a pillar of Islam.
One only has to look at how the Qur'an treats this subject, to see a marked difference regarding sacrifice and whether or not Allah is appeased by blood. The Qur'anic account of the sacrifice of Ismail ultimately speaks against blood atonement. Allah says:
“Then when (the son) reached the age of serious work with him, he said: “Oh my son! I see in vision that I offer thee in sacrifice: Now see what is thy view!” (The son) said: “Oh my father! Do As thou art commanded: Thou wilt find me, if Allah so wills one practising patience and constancy!” So when they had both submitted their will to Allah, and he had laid him prostrate on his forehead for sacrifice, We called out to him, “Oh Abraham! Thou hast already fulfilled the vision!” Thus indeed do We reward those who do right. For this was obviously a trial and We ransomed him with a momentous sacrifice.” The Holy Qur'an, Chapter 37, Verses 102-107.
Allah also says:
“To every people did We appoint rites (of sacrifice) that they might celebrate the name of Allah over the sustenance He gave them from animals (fit for food). But your God is One God: Submit then your will to Him (In Islam): and give thou the good news to those who humble themselves.” The Holy Qur'an, Chapter 22, Verse 34.
This is the true end of sacrifice, not propitiation of higher powers, for Allah is One, and He does not delight in flesh and blood, but a symbol of thanksgiving to Allah by sharing meat with fellow humans. The solemn pronouncement of Allah’s name over the sacrifice is an essential part of the rite.
Allah says further: “It is not their meat nor their blood that reaches Allah: it is your piety that reaches Him: He has thus made them subject to you that ye may glorify Allah for His guidance to you: And proclaim the Good News to all who do right.” The Holy Qur'an, Chapter 22, Verse 37.
No one should suppose that meat or blood is acceptable to the One True God. It was a pagan fancy that Allah could be appeased by blood sacrifice. But Allah does accept the offering of our hearts, and as a symbol of such offer, some visible institution is necessary. He has given us power over the brute creation, and permitted us to eat meat, but only if we pronounce His name at the solemn act of taking life, for without this solemn invocation, we are apt to forget the sacredness of life. By this invocation we are reminded that wanton cruelty is not in our thoughts, but only the need for food.
12.0 Question and Answer Session:
1.      Is Qurbani (Sacrifice) Mandatory[4]?
Question. Is there any reference in the Holy Qur'an that Qurbani is mandatory for non-Hajis on Eid-ul-Adha or is it a sunnah on those that have the financial perquisites? [Farabi Mufti]
Answer. We should understand that not everything has been explained in the Qur'an itself. The Hadith also clarifies and explains many things of the Qur'an, e.g. the number of rakats in our daily salats, etc.
Mullah Ali Qari (RA) states in Mirqaat, the commentary of Mishkaat that Qurbani is legislated in Shari'ah by consensus of opinion. It is mentioned in the Qur'an, 'Perform Salat for your Lord and slaughter' (Surah Kawthar). The majority of commentators of the noble Qur'an say it means, 'Perform Salatul Eid for your Lord and slaughter the animal.'
The Hanafi scholars take the command of Allah to slaughter as Wujoob (necessary) because of the Hadith of Nabi, 'Whosoever has the wealth to slaughter and does not, then he should not come to our Eid-Gah.' (Mirqaat)
It is only wajib upon those who own the value of Nisab on the morning of Eid-ul-Adha. And Allah Ta'ala Knows Best

2.      What Is The Rule Regarding The Meat?
Although the person offering a Qurbani can keep all its meat for his own use, yet it is preferable to distribute one third among the poor, another one third among his friends and relatives, and then keep the rest for his personal consumption. Thus, if possible, one should eat its meat on the very day.
3.      Who Is Obliged To Offer The Sacrifice?
‘Qurbani’ is ‘wajib’ (compulsory) according to Imam Abu Hanifah (and sunnat-e-muakkadah according to other Imams) upon every ‘mukeem’ (domiciled) and who possesses 613.35 grams of silver or its equivalent in money, personal ornaments, stock in trade or any other form of wealth which is surplus to his/her basic needs. Each adult member of a family who possesses that much wealth must perform his/her own ‘Qurbani’ separately. Hazrat Ibn Umar  reports that the Messenger of Allah  lived in Madinah Munawarah for ten years and performed ‘Qurbani’ every year.  (Tirmizi)
Note: Despite the fact that the Prophet  was not obliged to sacrifice as he never possessed the required amount of wealth, he still did so as can be conceived from the above Hadith.  
4.      Is It Permissible To Pare Nails And Cut Hair Before The Sacrifice?
This could be understood from the following ‘Hadith’: Hazrat Umm-e- Salama radiyallahu anha reports that the Apostle of Allah  said, "Whoever sights the crescent moon of ‘Zul-Hijjah’ and is intending to make a sacrifice should refrain from cutting his bodily hair and paring his nails".  (Muslim)
Thus after sighting the ‘Zul-hijjah’ crescent, it is desirable for a man intending to make a sacrifice to refrain from cutting the hair of his body and paring his nails till he has slaughtered the animal. This is because he is making a sacrifice in lieu of the sacrifice of his own life. Each part of the sacrificial animal is in lieu of each part of his own body.
The Holy Prophet  has given this order that no part of his body may be absent at the time of the descent of divine mercy. If more than forty days have passed one should not be idle in removing unwanted hair, nails, etc, in order to save oneself from ‘karaahat’ (abomination).
5.      Can A Sacrifice Be Made On Behalf Of Someone Else?
A sacrifice can be made on behalf of others such as minor offspring. This offering is not ‘wajib’ (compulsory) but is ‘mustahab’ (desirable). Similarly if one decides to sacrifice on behalf of the spouse or a father decides to sacrifice on behalf of an adult offspring (apart from offering his/her own ‘Qurbani’) can do so with their permission. A sacrifice can also be made on behalf of a deceased Muslim. This can be classified into three categories:
  • If the deceased had made a will for a sacrifice then, it is permissible to sacrifice to fulfil the will but is incumbent to give all the meat of the sacrificed animal to the poor and needy (those who are entitled to receive ‘Zakaat’). ("Vide Shami" vol.5 p293)
  • Whether or not the deceased had made this will, his/her relative or friends can make a ‘nafl’ (voluntary) sacrifice from their own money; the meat of this sacrificed animal can be partaken by the rich and poor alike.
  • One may make a voluntary sacrifice from one’s own wealth for the deceased persons and this meat can partake by all, rich and poor.
If ones intention is of mere remittance of recompense to a dead person then it will be superior to slaughter an animal during the Days of ‘Nahar’ instead of giving money in charity. This is because reward is attained both for spending wealth and for sacrificing.
In a ‘Hadith’ it is stated: Hazrat Hanash  reported: I saw Hazrat Ali  sacrificing two rams. I asked him, "What is this?" He said: "Verily the Messenger of Allah  left instruction to me to sacrifice on his behalf, and so I am sacrificing on his behalf.  (Tirmizi, Abu Daud)
Note: Rasulullah  is so generous that he had sacrificed on behalf of his whole ‘Ummah’ and we see here Hazrat Ali  sacrificing for Rasulullah  after he has passed away. We learn from this that we should also put a share of Rasulullah  in our sacrifice.

6.      Is A Sacrifice Carried Out In Another Place Valid?
As for getting the ‘Qurbani’ done in other places one deprives oneself from all the aforementioned blessings. If it is carried out on account of some ‘Uzr’ (disability) or legal expediency, one can hope for the whole or even more reward for it all depends on the correct method and intention. One can also organise sacrifice at ones native land in order to fulfil the rights of ones relatives.
7.      If Qurbani Was Not Offered In The Specified Days; Is There Any Substitute?
If somebody out of his/her ignorance and negligence, did not offer ‘Qurbani’ on the three prescribed days (10th, 11th and 12th ‘Zulhijjah’) they should then give the price of the ‘Qurbani’ as ‘sadaqah’ (alms and charity) This does not mean that Sadakah is an alternative, this will only be the case when it is not offered on the prescribed days, thus there is no alternative to ‘Qurbani’ in the prescribed days.
8.      Is It Permissible In The Shariah To Make The Animal Unconscious By Gun Or Current Before Slaughtering It[5]?
There are a few grave defects in this so-called humane method of slaughtering. This method is not permissible in any circumstance whatsoever. It is the Muslims ‘fardh’ and duty that they do their best in putting an end to this means of slaughtering and that they never slaughter in this manner again.
The jurists have clarified that it is prohibited to inflict pain to an animal when there is no benefit in doing so. It is stated in the book Dur-ul-Mukhtar: "Any sort of pain infliction, which is of no benefit, is ‘makrooh’ (undesirable), for example; the cutting off the head and the skinning of the animal before the animal becomes still i.e. ceases to shake and shiver."
Since the aforementioned blow is not sufficient for slaughtering, therefore, it obviously is a means of hurting the animal without there being any benefit in doing so and this is prohibited in the ‘Shariah’. If anyone were to say that by this method no pain comes to the animal, but in fact it helps in discharging the blood from the body and it also idles the senses, then this is not true. The reason for this is that before it became unconscious the senses of the animal had been sound and after unconsciousness the breaking of the senses is not certain. It is possible that with the use of this instrument the movement becomes still, yet the senses remain sound. This is also stated in the book Dur-ul-Mukhtar: "The nullification of the senses is not necessary for the inactivity of movement."
It is apparent that in the state of the senses remaining sound the use of this instrument will be means of no pain.
The ‘Shariah’ has stated that the purpose of slaughtering is to discharge flowing blood[6]. It is obvious that, when conscious, the natural health of the body will be stronger, and furthermore, this is also evident that the discharging of flowing blood is an act of the healthy body. Hence the stronger the body health the more blood will be discharged. Thus, the purpose of the ‘Shariah’ will be fulfilled to a greater extent. Therefore, to cause less blood to discharge by weakening the body health purposefully is not permissible in the ‘Shariah’, as it leads to opposing the purpose of slaughtering.
The third point which is the most detestable, when the first two are disregarded, is enough to clarify its impermissibility. This is that the person who carries this out will believe that this manner of slaughtering is more commendable than the way shown by the ‘Shariah’ (where the animal is not made unconscious). In respect of this he will think the method (of slaughtering) shown by the ‘Shariah’ as being inferior and defective, and to give priority to invention over revelation is close to ‘kufr’. Allah knows best and He is The Most Wise.
13.0 CONCLUSION
What is the best manner of offering it: It is preferable that one selects on animals oneself, nourishes it and becomes familiar with it, as this animal is to become the means great recompense and not only that, but it is a substitute for the sacrifice of one’s own child.
Hazrat Abu Hurairah  reports that the Apostle of Allah  has said : "Whoever has the capacity to sacrifice and does not do so, should not come to the place where the Eid prayer is offered." (Ibn Majah). Hence we can understand the importance of ‘Udhiya’ from the above ‘Hadith’, therefore each and every Muslim who is obliged should offer it, and if possible within their domicile. This will not only create an atmosphere of ‘Eid’ and ‘Qurbani’ in the community but will also serve as a lesson for generations to come.
The Qur'an never says that Allah told Abraham to kill (sacrifice) his son. It teaches us that Abraham had a dream in which he saw himself slaughtering his son. Abraham believed the dream and thought that the dream was from Allah. However, in Abraham and Ismail’s willingness to make the ultimate sacrifice-Abraham of his son, Ismail of his own life-they are able to transcend notions of self and false attachment to the material realm, thus removing a veil between themselves and Allah.
As far as the yearly tradition that has followed this event, that is, the sacrificing of a ram to commemorate Abraham and Ismail’s great self-sacrifice, we must understand it and the Qur'anic verses that pertain to animal sacrifice, in relation to the time and place circumstances under which these revelations were received and how people were trying to make a personal sacrifice by sharing their limited means of survival with the poorer members of their community.
That is to say, the underlying implication of Islam’s attitude towards ritual slaughter is not that of blood atonement, or seeking favour with Allah through another’s death, but rather, the act of thanking Allah for one’s sustenance and the personal sacrifice of sharing one’s possessions and valuable food with one’s fellow humans. The ritual itself is not the sacrifice. It is merely a method of killing where the individuals kill as quickly as possible and acknowledge that only Allah has the right to take a life and that they do so as a humble member of Allah’s creation in need of sustenance just like every other species in Allah’s creation.
Sacrifice your qurbaani after Eid Salaah: Narrated Al-Bara' bin 'Azib (RA): Nabie (SAW) said:
"The first thing that we should do on this day of ours is to pray and then return to slaughter the sacrifice. So anyone who does so, he acted according to our Sunnah (tradition), and whoever slaughtered the sacrifice before the prayer, it was just meat which he presented to his family and would not be considered as Nusuk."
A person from the Ansar named Abu Burda bin Niyyar (RA) said,
"O Prophet (SAW)!
I slaughtered the Nusuk (before the prayer) but I have a young she-goat which is better than an older sheep."
Nabie (SAW) said: "Sacrifice it in lieu of the first, but it will be not sufficient (as a sacrifice) for anybody else after you."  (Sahih Bukhari, Book #15, Hadith #82)



[2] http://www.inter-islam.org/Actions/Qurbani.html
[3] http://islam.thetruecall.com/modules.php?name=News&file=article&sid=178
[4] By Moulana Imraan Vawda

[5] This has been explained in great detail by Hazrat Aqdas Hakeemul-Ummah, Mujadid –ul-Millah, Moulana Ashraf Ali Sahed Thanwi (May Allah fill his grave with light), in his book Imdadul-Fatawaa and also the Mufti of Mazahirul- Uloom, Sahranpoor.
[6] http://www.inter-islam.org/Actions/Qurbani.html

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