Udhiyah (Qurbānī) - a question

[Haya]

Tuesday, 17 January 2012 06:10 Moulana Yusuf Laher

Q: I am a Hanafi and my husband is a Shafee. What is the ruling regarding distribution of meat to non-Muslims? (stomach or head of animal)

A: A Shaafi'ee is not allowed to give Qurbani to a non Muslim. You can give from your Qurbani. The alternative is that the Shaafi'ee husband gives his Hanafi wife a portion of his Qurbani. After she becomes the owner of it, she can now give from it to a non Muslim.
Allah Ta'aala knows best.

Moulana Yusuf Laher

http://askmufti.co.za/index.php?option=com_content&view=article&id=1133:giving-qurbani-meat-to-non-muslims&catid=12:qurbani&Itemid=9



Q: Do you know why it is allowed to give from it to non-Muslim in Hanafi madhhab and not in shafii madhhab?

[ummtaalib]

wa'alaykumus salaam Haya...i have no idea why this is so

[Haya]

 

However, if an individual, out of ignorance or laxity, did not carry out the obligation of Udhiya during the time designated for it, then he must make up for this by giving the price of an Udhiya in charity to those poor individuals who are entitled to receive Zakat. This does not mean that giving in charity is an alternative; rather, this is only when one was not able to slaughter the animal during the prescribed days. During the three days of Eid, the obligation will only be discharged by slaughtering the animal.

 

http://www.daruliftaa.com/node/5906

Does that mean, to make up for the past Udhiya only during Eid days one'd have to slaughter an animal, or otherwise in days other than Eid expiation can't be done through slaughtering rather one'd be liable to give only the money in charity. Is that correct?

 

Please clarify if I've misunderstood something.

 

[ummtaalib]

wa'alaykumus salaam ww

 

The answer of the Mufti sahib is according to the question asked. Please take the answer according to the question

 

I do understand what you're asking though.........i will confirm the answer with someone of knowledge and post here inshaAllah......

[Haya]

Okay

[Haya]

 

I just checked from Bahisti Zewar, a mas'ala from the book shows that if Eid has passed off then one can still slaughter the animal and give its meat as sadaqah to compensate. You may check and confirm

 

However, if an individual, out of ignorance or laxity, did not carry out the obligation of Udhiya during the time designated for it, then he must make up for this by giving the price of an Udhiya in charity to those poor individuals who are entitled to receive Zakat. This does not mean that giving in charity is an alternative; rather, this is only when one was not able to slaughter the animal during the prescribed days.

 

During the three days of Eid, the obligation will only be discharged by slaughtering the animal.

 

http://www.daruliftaa.com/node/5906

Actually previously I misread the last (bolded) line. I thought the last line is about discharging of the obligation of past udhiya, but if I read it more carefully it seems that it's a general statement i.e. there's no alternative i.e. no charity etc. for the udhiya other than slaughtering animal on Eid days.

 

[ummtaalib]

 

I just checked from Bahisti Zewar, a mas'ala from the book shows that if Eid has passed off then one can still slaughter the animal and give its meat as sadaqah to compensate. You may check and confirm

 

wa'alaykumus salaam

I checked the English copy and it does not say that. Please double check.

Mas'alah 34 in the Qurbaani section says:

 

"Qurbani was waajib on a person. However, he did not make qurbani so much so that the three days of qurbani expired. He should therefore give the value of one goat or sheep in charity. But if he bought a goat and did not sacrifice it within those three days, then he should give that very goat as it is , in charity. That is, he should give it without slaughtering it."

 

I've highlighted the important part.

 

Also see the following at darul ifta which is similar to what I've quoted above from Bahishti Zewar

 

Therefore, if the individual (upon whom Udhiya was Wajib) had already purchased an animal but was unable to slaughter it until the days of Udhiya had gone by, then he has an option between giving away the animal itself in charity without slaughtering it, and giving the price of the animal in charity. The second situation is where one had not purchased an animal for Udhiya. In this case, one only has the option of paying the price of an Udhiya animal in charity.

 

 

 

 

Regarding the following:

 

During the three days of Eid, the obligation will only be discharged by slaughtering the animal.

Actually previously I misread the last (bolded) line. I thought the last line is about discharging of the obligation of past udhiya, but if I read it more carefully it seems that it's a general statement i.e. there's no alternative i.e. no charity etc. for the udhiya other than slaughtering animal on Eid days.

 

 

Yes that is why  I said the answer in that post is according to the question

[ummtaalib]

Making up for Udhiya (Qurbani or the Ritual Slaughter) in another Country for Past Obligations

 

<QUESTION>

I only found out Qurbani was wajib not long ago. According to Mufti Muhammad’s answer I must make qadha for my past years. Now I am a student and I have the money but it will slightly inconvenience me next year when I hope to broaden my studies. My father has been giving his qurbani every year. He lives here in the UK but he sends money to his brother in Pakistan who purchases a goat from there and sacrifices it for him. The goat is a lot cheaper there which is why he buys it from there; however it is still very expensive for me to accumulate my 5 outstanding years. Can I take countries with low exchange rates (i.e., some place like Iraq, Yemen) and accumulate the amount equivalent of my 5 years according to these rates and then distribute the sadaqa wherever necessary?

 

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

Performing a ritual slaughter (udhiya) is necessary (wajib) upon every adult Muslim male and female who is sane, resident and owns 613.35 grams of silver or its equivalent in any form, which is in excess of one’s personal needs. As such, if an individual has in his/her ownership the equivalent of the above-mentioned amount in cash, stock, personal ornaments or in any other form, provided it is surplus to one’s basic needs, then this individual will be under an obligation to offer the ritual slaughter (udhiya).

 

Udhiya can only be performed in the days designated for it, namely the three days of Eid al-Adha. These three days are the 10th, 11th, and 12th of Dhu’l Hijjah. Slaughtering an animal with the intention of Udhiya outside these three days (and nights) will not be valid or recognised. (Fatawa al-Hindiyya, 5/291-294)

 

It should also be remembered that it is incorrect and invalid to give in charity instead of slaughtering an animal. The Shariah has prescribed different forms and modes of worship; hence, each one them holds its importance and special merit. Just as one is not allowed to give in charity in place of observing a fast in Ramadhan or give money to a poor person instead of travelling for Hajj, it is similarly not permitted to give some money in charity as an alternative to the ritual slaughter. Udhiya is an independent form of worship and cannot be substituted with something else. (See: Islamic Months by Mufti Taqi Usmani, P: 145)

 

However, if an individual, out of ignorance or laxity, did not carry out the obligation of Udhiya during the time designated for it, then he must make up for this by giving the price of an Udhiya in charity to those poor individuals who are entitled to receive Zakat. This does not mean that giving in charity is an alternative; rather, this is only when one was not able to slaughter the animal during the prescribed days. During the three days of Eid, the obligation will only be discharged by slaughtering the animal.

 

With regards to making up (qadha) for the ritual slaughter, the renowned Hanafi jurist, Imam al-Haskafi (Allah have mercy on him) states:

 

“If the ritual slaughter was not offered and the designated days have gone by, then one should give the live animal away in charity.”

 

Imam Ibn Abidin (Allah have mercy on him) comments on the above by stating:

 

“(His statement: “give the live animal away in charity” because one is now unable to acquire the rewards by sacrificing and slaughtering the animal. If one wishes to give the animal’s price in charity, then that will also be sufficient…” (Radd al-Muhtar ala al-Durr al-Mukhtar, 6/320)

 

Imam Ibn Abidin (Allah have mercy on him) further states that a well-off individual must give the price of the animal in the case of not purchasing an animal. However, if he had already purchased an animal, then he has a choice between giving the price of the animal or the living animal itself in charity …” (See: Radd al-Muhtar, 5/321)

 

Therefore, if the individual (upon whom Udhiya was Wajib) had already purchased an animal but was unable to slaughter it until the days of Udhiya had gone by, then he has an option between giving away the animal itself in charity without slaughtering it, and giving the price of the animal in charity. The second situation is where one had not purchased an animal for Udhiya. In this case, one only has the option of paying the price of an Udhiya animal in charity.

 

Now, what is the price that one is required to pay in charity? Imam al-Haskafi (Allah have mercy on him) answers this question by stating:

 

“The meaning of “its price” is the price of a goat that is adequate.”

 

Imam Ibn Abidin (Allah have mercy no him) explains the above by stating that if one had purchased the animal, then the price is obviously known to one. However, if one had not purchased an animal, then one will have to pay the price of a goat that is acceptable and adequate to be slaughtered as Udhiya. This goat should be of average type, as mentioned in other books.

 

Based on the above texts of Ibn Abidin and Haskafi, most scholars are of the opinion that only the price of an average goat that is worthy of being slaughtered will suffice as a make up for the ritual slaughter. It would not be permitted to give the price of a seventh of a camel or cow. (See: Imdad al-Ahkam, 4/274). Others, however, state that the responsibility will be discharged even if one paid the price of a seventh of a camel or cow (See: Fatawa Mahmudiyya, 14/343). As such, it would be better and precautionary to pay the price of an average and standard goat.

 

Finally, the price of this goat will be that of the country where one pays the charity. If one intends to give the charity in another country, then one must ascertain the market price of a goat in that particular country, and then give the money to those entitled to receive Zakat in that area.

 

In conclusion, you must first repent and seek Allah's forgiveness for not being able to perform the ritual slaughter (udhiya) for the previous years. Thereafter, you need to pay the price of an average standard goat as charity to poor individuals who are entitled to receive Zakat. You can make this payment in whichever country you wish, with the local market price of the goat being that which you need to pay. It will not be allowed to take the market price of a goat of one country and pay that price in another.

 

And Allah knows best

 

[Mufti] Muhammad ibn Adam

Darul Iftaa

Leicester , UK

[Haya]

 

I checked the English copy and it does not say that. Please double check.

I got the physical copy of B.Z. in Urdu, I read the topic of qurbabi only from that book, it was came to my mind that I should check it from the English copy but then didn't, so I didn't know what it actually says.

 

Mas'alah 34 in the Qurbaani section says:

 

"(...) But if he bought a goat and did not sacrifice it within those three days, then he should give that very goat as it is , in charity .That is, he should give it without slaughtering it.

 

Strange. Here below in the link check out the image I upload of that particular mas'alah from the Urdu version:

 

http://oi60.tinypic.com/2hex4pu.jpg

 

Translation:

 

--> If he bought an animal but didn't sacrifice so much so that the days of qurbabi expired, then he should give that animal in charity. And if he slaughters the animal and then give it in charity it'll also be permissible. (...)

 

[The masalah mentioned below from the same image is even more confusing]

 

--> If bought an animal but didn't slaughter, then feed it till next year, in the next Eid it would be incorrect to do qurbabi of the past year, because there's no Qadha of the Qurbabi.

 

I'm a messy mistake maker that's why I usually hesitate to translate Urdu into English, but this time I'm 100% sure I'm translating it correctly as it's in simplest Urdu. Guess there's a bit difference in translation. Once while reading through the Urdu version about salah I noticed the difference too as I had already read the salah part from online version of B.Z. in English.

 

The second mas'alah from the same pic as translated above is even more confusing. Isn't it?

 

Sorry if I've confused you. I think it's better to ask a mufti instead of discussing here ourselves, as I've got the feeling it'll become more and more confusing.

[ummtaalib]

I think you must have read the old translation of Bahishti Zewar. The English was very bad and we found a few mistakes in there. We now use the new translation by Mawlana Mahomed Mahomedy...and yes, if you're not satisfied with the quotes from Darul ifta then best to ask a mufti sahib instead of becoming confused. InshaAllah the matter will be cleared for you

[Haya]

I think you must have read the old translation of Bahishti Zewar. The English was very bad and we found a few mistakes in there.

No previously I hadn't read the English translation. I read only the Urdu one.

 

Here's the mobile upload:

 

http://oi61.tinypic.com/2s13q0y.jpg

 

Now I've also covered up the topic from this book:

https://archive.org/details/BahishtiZewar_201307

 

In both books all other rulings are almost same apart from the rulings mentioned in the pic that I posted in my previous post. The ruling which says, "there's no Qadha of Qurbabi" isn't mentioned anywhere in the English copy.

Just wondering why is this difference, cos the original Bahishti Zewar was in Urdu.

 

Anyway for sharing different fatwas. Thank you for taking the time to reply.

 

Was-salaam.

[ummtaalib]

I feel its quite clear that there is no qadha for missed qurbani from the words in the fatwa and in Bahishti Zewar. In another book I have (by Mufti Faruq of Blackburn UK) it say:

 

"If one fails to do qurbani on the specific dates, the he/she will have to distribute the cost of an average goat or sheep to the poor and needy"

 

Best to ask a Mufti sahib of your choice haya rather than worry about it.

[Haya]

I feel its quite clear that there is no qadha for missed qurbani from the words in the fatwa and in Bahishti Zewar.

Whats the meaning you take by the term "Qadha" of something?

 

If there's no Qadha for the missed Qurbabi then why one must make it up by giving the price of an Udhiya in charity if didn't carry the obligation of Udhiya? [OR by slaughtering that very animal which wasn't sacrificed during the time designated for it?] It seems to be a contradiction. Or maybe I've misunderstood.

 

Best to ask a Mufti sahib of your choice haya rather than worry about it.

Okay.

 

[ummtaalib]

By qadha i meant an actual sacrifice of the missed one as compensation. I apologise for the way I said it, it created the impression that there is no compensation for the missed qurbani

[Haya]

Got it.

 

The way you said it wasn't the source of confusion. In fact I had misunderstood what was actually meant by saying that there's no Qadha for the missed udhiya. No confusion regarding it now Alhamdulillah. for clarifying. It was a simple issue, I made it a mountain out of a molehill... :( Sorry.

 

Other concerns would be posted to mufti, will share the answer

 

BTW, I just saw Qurbabi happened, Allah Akbar just thinking about it gives me the shudders *brr*. Felt nauseated for a while due to the blood. Won't see again it's really not my thing.

 

Anyway hope you're enjoying these days of joy, love, barakah and foood :)

 

Wassalam with love, hugs and duas :)

[ummtaalib]

Phew! Alhamdulillah!