Miscellaneous Shariah rulings about sacrifice of animals

For collective sacrifice, is it necessary that all participants should be present?

 

In case of collective sacrifice (like cow, ox, etc.), if all the participants appoint someone as their representative, then it is not necessary that all of them should be present at the time of slaughtering the animal.  It is permissible for the representative to sacrifice the animal on their behalf.  However, if the personally want to sacrifice the animal, it is necessary for each one of them to be present.  In fact, it is better if they participate in the actual slaughter by holding the animal, laying it on its flank, etc. the way the Holy Prophet (Sallallahu alaihi wa sallam) did:

 

Hadhrat Abu Asad Sulami narrates on the authority of his father and he in turn from his father that he said:  I was one of the seven along with the Holy Prophet (Sallallahu alaihi wa sallam).  On the orders of the Holy Prophet (Sallallahu alaihi wa sallam), we all contributed 1 Dirham each and bought an animal.  The Holy Prophet (Sallallahu alaihi wa sallam) said:  Verily, the best sacrifice in the sight of Allah is the one which is the most expensive and the most excellent.  Then the Holy Prophet (Sallallahu alaihi wa sallam) ordered one of us to hold one foreleg, another the other foreleg, one to hold one hind leg, another the other hind leg and 2 of us to hold 1 horn each.  Then the last remaining person slaughtered the animal.  All of us said the Takbeer.  Baqiyya (May Allah be well pleased with him) said:  I asked Hadhrat Hammad (May Allah be well pleased with him):  Who was that seventh person?  He said:  I don’t know.  I said:  It was the Holy Prophet (Sallallahu alaihi wa sallam).  (Kanz Ul Ummal, Hadith No. 12693)

 

Is sacrifice of an animal compulsory for a person under debt?

 

If a person has wealth that meets the prescribed criterion and that person is under debt also, then it will be checked whether after repaying the loan, the remaining wealth, excluding the basic needs, meets the criterion or not.  If it does, then sacrificing an animal is Compulsory (Wajib) on that person.

 

If the person on whom sacrificing an animal is Compulsory (Wajib) does not have any liquid cash at the moment, he/she must take a loan (non interest based) or must sell some of the things which are over and above the basic needs and sacrifice an animal.

 

It is given in Fatawa A’alamgiri:

 

Translation: If someone is under such a debt that on repaying it, the wealth does not meet the prescribed criterion, then sacrifice of an animal is not Compulsory (Wajib) on such a person.  (Fatawa A’alamgiri, Vol. 5, Pg. No. 292)

 

Sacrifice of an animal for businessmen

 

Some businesspeople take a loan with the plan that when the profits from the business accrue, they will repay it.  When the time for loan repayment comes and if by the grace of Allah Most High, they earn a profit, they repay the loan, otherwise they take another loan and repay off the first loan.  In this manner, the cycle of loan taking and repayment goes on.  In spite of this, they have all necessary things.  They use vehicles and fulfill the needs of the family members.  This kind of businesspeople should check in light of the aforementioned clarification whether sacrifice of an animal is Compulsory (Wajib) for them or not.

 

If they have wealth that meets the necessary criterion and the loan/s that they have to repay are such that on repaying them, their wealth, apart from the basic needs, does not meet the criterion, then sacrifice of animal is not Compulsory (Wajib) for them.  If after repaying the loan/s, their remaining wealth meets the criterion, then it is Compulsory (Wajib) on them.

 

Sacrifice of an animal for children who are wealthy

 

Sometimes, considerable amounts of money are saved in the name of minors.  Does this make sacrifice of animal Compulsory (Wajib) for them or should their parents perform the sacrifice from their wealth on their behalf?  There are 2 opinions of the jurists in this regard:

 

(1) It is clarified in the books of jurisprudence and edicts that if a minor is wealthy, then sacrifice of animal is Compulsory (Wajib) on them.

 

(2)  Imam Ibn A’abideen Shaami (May Allah Most High shower His mercy on him) has declared in Radd Ul Muhtaar that the authoritative opinion is that sacrificing an animal is not Compulsory (Wajib) for minors.  The principles of the Shariah support this.  The condition for other forms of worship to become compulsory on a person is adulthood.  As long as a child does not reach adulthood, the rules of the Shariah don’t apply to him/her.  The Shariah doesn’t hold him/her liable for anything.  In light of this, like Salaat, fasting, Zakaat and Haj, sacrifice of an animal is also not Compulsory (Wajib) for a minor.  As the money/wealth is the property of the child, the parents should not use that money to perform the sacrifice on their behalf.

 

It is given in Durre Mukhtaar:

 

Translation: It is not correct for a father to use the wealth of his minor child to sacrifice an animal.  This is the authoritative opinion.  (Durre Mukhtaar, Vol. 5, Pg. No. 223)

 

Similarly, it is not Compulsory (Wajib) for parents/guardians to use their own wealth to sacrifice an animal on behalf of their children.  If parents/guardians do so, it is commendable (Mustahab)

 

It is given in Radd Ul Muhtaar:

 

Translation: It is not Compulsory (Wajib) on the father to sacrifice an animal on behalf of his children.  It is mentioned in Zahir Ur Riwayah that it is Mustahab (commendable) to do so and not Compulsory (Wajib) unlike Sadqa Fitr (which is Wajib on the father on behalf of the children)  (Radd Ul Muhtaar, Vol. 5, Pg. No. 222)