Udhiyah (Qurbānī) - Rulings & Q/A's

[ummtaalib]

Rulings on the Qurbani

al-balagh

 

Time of Qurbani

Qurbani can only be performed during the three days of Eid, namely the 10th, Ilth and 12th of Zulhijjah. It is only in these days that slaughtering of an animal is recognized as an act of worship. No Qurbani can be performed in any other days of the year.

 

Although Qurbani is permissible on each of the three aforesaid days, yet it is preferable to perform it on the first day i.e. the 10th of Zulhijjah.

No Qurbani is allowed before the Eid prayer is over. However, in small villages where the Eid prayer is not to be performed, Qurbani can be offered' any time after the break of dawn on the 10th of Zulhijjah.

 

Qurbani can also be performed in the two nights following the Eid day, but it is more advisable to perform it during daytime.

 

Who is Required to Perform Qurbani?

Every adult Muslim, male or female, who owns 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 basic needs, is under an obligation to offer a Qurbani. Each adult member of a family who owns the above mentioned amount must perform his own Qurbani separately. If the husband owns the required quantity, but the wife does not, the Qurbani obligatory on the husband only and vice-versa. If both of them have the prescribed amount of wealth, both should perform Qurbani separately.

 

If the adult children live with their parents, Qurbani is obligatory on each one of them possessing the prescribed amount. The Qurbani offered by a husband for himself does not fulfil the obligation of his wife, nor can the Qurbani offered by a father discharge his son or daughter from their obligation. Each one of them should care for his own.

However, if a husband or a father, apart from offering his own Qurbani, gives another Qurbani on behalf of his wife or his son, he can do so with their permission.

 

No Alternate for Qurbani

Some people think that instead of offering a Qurbani they should give its amount to some poor people as charity. This attitude is totally wrong. Actually, there are different forms of worship obligatory on Muslims. Each one of them has its own importance and none of them can stand for the other. It is not permissible for a Muslim to perform salah instead of fasting in Ramadan, nor is it permissible for him to give some charity instead of observing the obligatory Salah. Similarly, Qurbani is an independent form of worship and this obligation cannot be discharged by spending money in charity.

However, if somebody, out of his ignorance or negligence, could not offer Qurbani on the three prescribed days (10th, 1lth and 12th Zulhijjah) then, in that case only, he can give the price of a Qurbani as sadaqah to those entitled to receive Zakah. But during the days of Qurbani no Sadaqah can discharge the obligation.

 

 

The Animals of Qurbani

The following animals can be slaughtered to offer a Qurbani:

 

1. Goat, either male or female, of at least one year of age.

2. Sheep, either male or female, of at least six months of age.

3. Cow, ox buffalo of at least two years of age.

4. Camel, male or female, of at least five years of age.

 

One head of goat or sheep is enough only for one person's Qurbani. But as for all other animals like cow, buffalo or camel, one head of each is equal to seven offerings thus allowing seven persons to offer Qurbani jointly in one such animal.

If the seller of animal claims that the animal is of the recognized age and there is no apparent evidence to the contrary; one can trust his statement and the sacrifice of such an animal is lawful.

 

Rules about Defective Animals

The following defective animals are not acceptable in Qurbani:

 

1. Blind, one eyed or lame animal.

2. An animal so emaciated that it cannot walk to its slaughtering place.

3. An animal with one-third part of the ear or the nose or the tail missing.

4. An animal that has no teeth at all, or the major number of its teeth are missing.

5. An animal born without ears.

 

The following animals are acceptable in Qurbani:

1. A castrated he - goat. (Rather, its Qurbani is more preferable).

2. An animal that has no horns, or its horns are broken. However, if the horns of an animal are uprooted totally so as to create a defect in the brain, its Qurbani is not lawful.

3. An animal the missing part of whose ear, nose or tail is less than one third.

4. A sick or injured animal, unless it has some above mentioned defects rendering its Qurbani unlawful.

 

The Sunnah Method of Qurbani

It is more preferable for a Muslim to slaughter the animal of his Qurbani with his own hands. However, if he is unable to slaughter the animal himself, or does not want to do so for some reason, he can request another person to slaughter it on his behalf. In this case also, it is more preferable that he, at least, be present at the time of slaughter. However, his absence at the time of slaughter does not render the Qurbani invalid, if he has authorized the person who slaughtered the animal on his behalf. It is a Sunnah to lay the animal with its face towards the Qiblah, and to recite the following verse of the Holy Quran:

 

I, being upright, turn my face towards the One who has created the heavens and the earth, and I am not among those who associate partners with Allah. ( Al-An'am, 6:79)

 

But the most essential recitation when slaughtering an animal is: Bismillah, Allahu Akbar. (In the name of Allah, Allah is the greatest). If somebody intentionally avoids to recite it when slaughtering an animal, it does not only make his Qurbani unlawful, but also renders the animal haram, and it is not permissible to eat the meat of that animal. However, if a person did not avoid this recitation intentionally, but he forgot to recite it when slaughtering the animal, this mistake is forgiven and both the Qurbani and the slaughter are lawful.

 

If somebody is unable to recite "Bismillah Allahu Akbar" in the Arabic language, he can recite the name of Allah in his own language by saying, "In the name of Allah".

 

Distribution of the Meat

If an animal is sacrificed by more than one person, like cow or camel, its meat should be distributed equally among its owners by weighing the meat strictly and not at random or by mere guess. Even if all the partners agree on its distribution without weighing, it is still not permissible according to shari'ah.

 

However, if the actual weighing is not practicable due to some reason, and all the partners agree to distribute the meat without weighing, distribution by guess can be done with the condition that each share necessarily contains either a leg of the animal or some quantity of its liver.

 

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 relatives and then, keep the rest for his personal consumption.

 

All parts of the sacrificed animal can be used for personal benefit, but none can be sold, nor can be given to the butcher as a part of his wages. If somebody has sold the meat of the Qurbani or its skin, he must give the accrued price as sadaqah to a poor man who can receive Zakah.

- See more at: http://www.islamicteachings.org/forum/topic/21038-important-qurbani-masaail/#sthash.1tBUZHdZ.dpuf

Rulings on the Qurbani

al-balagh

 

Time of Qurbani

Qurbani can only be performed during the three days of Eid, namely the 10th, Ilth and 12th of Zulhijjah. It is only in these days that slaughtering of an animal is recognized as an act of worship. No Qurbani can be performed in any other days of the year.

 

Although Qurbani is permissible on each of the three aforesaid days, yet it is preferable to perform it on the first day i.e. the 10th of Zulhijjah.

No Qurbani is allowed before the Eid prayer is over. However, in small villages where the Eid prayer is not to be performed, Qurbani can be offered' any time after the break of dawn on the 10th of Zulhijjah.

 

Qurbani can also be performed in the two nights following the Eid day, but it is more advisable to perform it during daytime.

 

Who is Required to Perform Qurbani?

Every adult Muslim, male or female, who owns 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 basic needs, is under an obligation to offer a Qurbani. Each adult member of a family who owns the above mentioned amount must perform his own Qurbani separately. If the husband owns the required quantity, but the wife does not, the Qurbani obligatory on the husband only and vice-versa. If both of them have the prescribed amount of wealth, both should perform Qurbani separately.

 

If the adult children live with their parents, Qurbani is obligatory on each one of them possessing the prescribed amount. The Qurbani offered by a husband for himself does not fulfil the obligation of his wife, nor can the Qurbani offered by a father discharge his son or daughter from their obligation. Each one of them should care for his own.

However, if a husband or a father, apart from offering his own Qurbani, gives another Qurbani on behalf of his wife or his son, he can do so with their permission.

 

No Alternate for Qurbani

Some people think that instead of offering a Qurbani they should give its amount to some poor people as charity. This attitude is totally wrong. Actually, there are different forms of worship obligatory on Muslims. Each one of them has its own importance and none of them can stand for the other. It is not permissible for a Muslim to perform salah instead of fasting in Ramadan, nor is it permissible for him to give some charity instead of observing the obligatory Salah. Similarly, Qurbani is an independent form of worship and this obligation cannot be discharged by spending money in charity.

However, if somebody, out of his ignorance or negligence, could not offer Qurbani on the three prescribed days (10th, 1lth and 12th Zulhijjah) then, in that case only, he can give the price of a Qurbani as sadaqah to those entitled to receive Zakah. But during the days of Qurbani no Sadaqah can discharge the obligation.

 

 

The Animals of Qurbani

The following animals can be slaughtered to offer a Qurbani:

 

1. Goat, either male or female, of at least one year of age.

2. Sheep, either male or female, of at least six months of age.

3. Cow, ox buffalo of at least two years of age.

4. Camel, male or female, of at least five years of age.

 

One head of goat or sheep is enough only for one person's Qurbani. But as for all other animals like cow, buffalo or camel, one head of each is equal to seven offerings thus allowing seven persons to offer Qurbani jointly in one such animal.

If the seller of animal claims that the animal is of the recognized age and there is no apparent evidence to the contrary; one can trust his statement and the sacrifice of such an animal is lawful.

 

Rules about Defective Animals

The following defective animals are not acceptable in Qurbani:

 

1. Blind, one eyed or lame animal.

2. An animal so emaciated that it cannot walk to its slaughtering place.

3. An animal with one-third part of the ear or the nose or the tail missing.

4. An animal that has no teeth at all, or the major number of its teeth are missing.

5. An animal born without ears.

 

The following animals are acceptable in Qurbani:

1. A castrated he - goat. (Rather, its Qurbani is more preferable).

2. An animal that has no horns, or its horns are broken. However, if the horns of an animal are uprooted totally so as to create a defect in the brain, its Qurbani is not lawful.

3. An animal the missing part of whose ear, nose or tail is less than one third.

4. A sick or injured animal, unless it has some above mentioned defects rendering its Qurbani unlawful.

 

The Sunnah Method of Qurbani

It is more preferable for a Muslim to slaughter the animal of his Qurbani with his own hands. However, if he is unable to slaughter the animal himself, or does not want to do so for some reason, he can request another person to slaughter it on his behalf. In this case also, it is more preferable that he, at least, be present at the time of slaughter. However, his absence at the time of slaughter does not render the Qurbani invalid, if he has authorized the person who slaughtered the animal on his behalf. It is a Sunnah to lay the animal with its face towards the Qiblah, and to recite the following verse of the Holy Quran:

 

I, being upright, turn my face towards the One who has created the heavens and the earth, and I am not among those who associate partners with Allah. ( Al-An'am, 6:79)

 

But the most essential recitation when slaughtering an animal is: Bismillah, Allahu Akbar. (In the name of Allah, Allah is the greatest). If somebody intentionally avoids to recite it when slaughtering an animal, it does not only make his Qurbani unlawful, but also renders the animal haram, and it is not permissible to eat the meat of that animal. However, if a person did not avoid this recitation intentionally, but he forgot to recite it when slaughtering the animal, this mistake is forgiven and both the Qurbani and the slaughter are lawful.

 

If somebody is unable to recite "Bismillah Allahu Akbar" in the Arabic language, he can recite the name of Allah in his own language by saying, "In the name of Allah".

 

Distribution of the Meat

If an animal is sacrificed by more than one person, like cow or camel, its meat should be distributed equally among its owners by weighing the meat strictly and not at random or by mere guess. Even if all the partners agree on its distribution without weighing, it is still not permissible according to shari'ah.

 

However, if the actual weighing is not practicable due to some reason, and all the partners agree to distribute the meat without weighing, distribution by guess can be done with the condition that each share necessarily contains either a leg of the animal or some quantity of its liver.

 

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 relatives and then, keep the rest for his personal consumption.

 

All parts of the sacrificed animal can be used for personal benefit, but none can be sold, nor can be given to the butcher as a part of his wages. If somebody has sold the meat of the Qurbani or its skin, he must give the accrued price as sadaqah to a poor man who can receive Zakah.

- See more at: http://www.islamicteachings.org/forum/topic/21038-important-qurbani-masaail/#sthash.1tBUZHdZ.dpuf

 

[ummtaalib]

Intention For Multiple People In One Qurbani?

 

Q. Salaam.Can u make niyyat for multiple people in 1 qurbani(passed away)?Or does it have to be just one. e.g 1 sheep-Nabi(S.A.W) and marhooms

 

(Question published as received)

 

A. You may make the intention of the Thawaab (rewards) going to multiple people in one Qurbani animal if it is a Nafl (optional) Qurbani you are performing. When Rasulullah (Sallallahu Alaihi Wasallam) performed Qurbani, he ordered two animals. He slaughtered one animal as his Wajib Qurbani and the other as optional on behalf of his entire Ummah (which consists of millions of individuals). With regards to the obligatory discharging of Qurbani 1 sheep will suffice for only one person.

 

And Allah Knows Best

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Is Qurbani Obligatory If Nisab Not In Possession For A Full Year?

 

Q. What if a person  have the nisaab amount during days of eid but it was not exactly 1 year that he/she  had that money. it was saved from around 5 months ago, is qurbani then obligatory?

 

 

A. Qurbani will still be obligatory on this person even though he/she did not possess the Nisaab amount for one full year. The fact that the person possesses the Nisaab amount during the days of Qurbani renders Qurbani Wajib on him/her.

 

And Allah Knows Best

 

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Doing Qurbani On Behalf Of The Wife

 

Q. My wife has sufficient money to do Qurbani but I would like to do Qurbani for her from my money. Will it be accepted?

 

 

A. You can do Qurbani on behalf of your wife provided that you obtain her consent to do so. (al-Fatawa al-Hindiyyah, Vol: 5, Pg: 297)

 

And Allah Knows Best

Mufti Suhail Tarmahomed

 

Checked and Approved:

Mufti Ebrahim Desai

 

Fatwa Department

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Will Charity suffice for Qurbani

 

Q. If Qurbani is Wajib on me, do I have to do the physical Qurbani or can I just give the same amount of money in charity?

 

(Question published as received)

 

A. During the days of Qurbani, Sadaqah and charity will not compensate for the physical observance of Qurbani. Just as Zakah cannot compensate for Hajj, nor fasting compensate for Salaah, similarly charity cannot compensate for Qurbani. However, if the days of Qurbani have passed, and the Qurbani was not offered due to ignorance, negligence or for some other reason, then it becomes Wajib to give in Sadaqah the price of Qurbani animal or the unslaughtered animal itself to the poor. (Bada’ius Sana’I’, Vol: 5, Pg: 66, al-Mabsoot, by Sarakhsi, Vol: 12, Pg: 14)

 

And Allah Knows Best

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Making Qurbaani before the Eid Salaah

 

Q: Is it permissible to make Qurbaani before the Eid Salaah?

 

A: It is not permissible to make Qurbaani before the Eid Salaah in the city. However, in the villages or farms (where Eid salaah does not take place) it is permissible after subah saadiq. 

(وأول وقتها بعد الصلاة إن ذبح في مصر ) أي بعد أسبق صلاة عيد ولو قبل الخطبة لكن بعدها أحب وبعد مضي وقتها لو لم يصلوا لعذر ويجوز في الغد وبعده قبل الصلاة لأن الصلاة في الغد تقع قضاء لاأداء زيلعي وغيره ( وبعد طلوع فجر يوم النحر إن ذبح في غيره ) وآخره قبيل غروب يوم الثالث (الدر المختار 6/ 318)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Will Nafl Qurbani count as the Waajib Qurbani?

 

Q: A person did not make a waajib Qurbani one year thinking that he did not own the amount of nisaab. He instead made a nafl qurbaani. After some years he realised that he had wealth put away which would have made qurbaani waajib on him. What does he do? Will the nafl qurbaani be counted for that years waajib qurbaani?

A: The nafil Qurbaani will not be counted for the missed year's waajib Qurbaani. He should make Qadha of the missed Qurbaani by giving the current value of a qurbaani animal to the poor with the intention of the Qadha Qurbaani.

And Allah Ta'ala (الله تعالى) knows best.

(و) تصدق (بقيمتها غنى شراها او لا) لتعلقها بذمته بشرائها اولا فالمراد بالقيمة قيمة شاة تجزى فيها. قال علامة ابن العابدين قوله (و تصدق بقيمتها غنى شراها او لا) كذا فى الهداية و غيرها كادرر و تعقبه الشيخ شاهين بان وجوب التصدق بالقيمة مقيد بما اذا لم يشتر اما اذا اشترى فهو مخير بين التصدق بالقيمة او التصدق بها حية كما فى الزيلعى ابو السعود واقول ذكر فى البدائع ان الصحيح ان الشاة المشتراة للاضحية اذا لم يضحّ بها حتى مضى الوقت يتصدق الموسر بعينها حية كالفقير بلا خلاف بين اصحابنا فان محمدا قال وهذا قول ابى حنيفة و ابى يوسف و قولنا اه (رد المحتار 6/321)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Aqeeqah Or Qurbani?

 

Q. A person needs to do Aqeeqah for his child during the days of Qurbani. He can only afford one sheep. Should he do the Aqeeqah for the child or should he do Qurbani?

 

(Question published as received)

 

 

A. It should be noted that Qurbani is a Wajib (Mandatory) act and Aqeeqah is a Mustahab (preferable) act. By a person possessing the Nisaab amount during the days of Qurbani, Qurbani becomes Wajib upon him. (Fatawa Mahmoodiyyah, Vol: 17, Pg: 512).

 

A person will not be sinful for omitting a Mustahab act but will be sinful for omitting a Wajib act. He should therefore do Qurbani instead of the Aqeeqah. He may do the Aqeeqah for the child at a later stage when he can afford it.

 

 

And Allah Knows Best

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Qurbani overseas when Eid dates differ

 

Q. We live in US our eid is on 6th nov we give qurbani in Pakistan or India and usually they have eid 2 days after our,if they slaughter on 2nd or 3rd day of eid will our qurbani be valid?

 

A. The Fuqahaa have stated that it is preferable that one slaughters the Qurbani with one’s own hands or at least witness his Qurbani being slaughtered in front of him. Nevertheless, if you have your Qurbani done overseas, it will be valid and permissible.

 

If you have your animal slaughtered overseas (eg; in Pakistan or India) and the day of Eid is one day before or after Eid in your country (USA), the country in which the animal is slaughtered will be taken into consideration. Therefore, if the day of Eid falls one or two days before USA in India or Pakistan and the Qurbani animal is slaughtered on that day, the Qurbani will be valid.  (ad-Durrul Mukhtar, Vol: 6, Pg: 318, Darul Fikr)

         

والمعتبر مكان الأضحية لا مكان من عليه

 

 

And Allah Knows Best

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Carrying out Qurbaani overseas

 

Q: In my country there are organisations that do Qarabani and send the meat to needy countries, the price differs by which country it goes to. Is it ok if my husband does this as a Qarabani for himself and our son? And is it ok to choose which ever one suits our pocket?

A: Yes. However there are two important aspects that have to be taken into consideration when carrying out the qurbaani. The first is that one should purchase an animal that has good meat and the second is that the person or the organisation you have appointed to carry out the qurbaani should be reliable.

And Allah Ta'ala (الله تعالى) knows best.

فروع الشاة أفضل من سبع البقرة إذا استويا في القيمة واللحم والكبش أفضل من النعجة إذا استويا فيهما والأنثى من المعز أفضل من التيس إذا استويا قيمة والأنثى من الإبل والبقر أفضل

قال الشامي : والأصل في هذا إذا استويا في اللحم والقيمة فأطيبهما لحما أفضل وإذا اختلفا فيهما فالفاضل أولى تاترخانية (رد المحتار 6/322)

رجل اشترى للأضحية شاتين بثلاثين درهما كان ذلك أفضل من شاة واحدة بثلاثين (فتاوى قاضيخان بهامش الفتاوى الهندية 3/349)

وشراء شاتين بثلاثين أفضل من شراء شاة بثلاثين (الفتاوى البزازية بهامش الفتاوى الهندية (6/290)

الفتاوى المحمودية 26/265

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[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

[ummtaalib]

Making up missed Qurbani

 

Q. Qurbani was Wajib on a person but he failed to make Qurbani. Now he realizes his fault. What should he do to make up?

 

A. The person should make sincere Taubah and give the value of the Qurbani animal in Sadaqah to the poor. The value of the animal on the day of Qurbani will be considered. (Ahsanul Fatawa, Vol: 7, Pg: 533, HM. Sa’eed)

 

And Allah Knows Best

 

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Giving Qurbaani meat to non-Muslims

 

Q: Can the Qurbaani meat be given to non-Muslims?

A: Qurbaani meat can be given to non-Muslims.

ويهب منها ما شاء للغني والفقير والمسلم والذمي كذا في الغياثية (الهندية 5/300)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach

 

 

 

 

Q. I have heard that we can not donate Qurbani(distribute) to non Muslims. Is it OK to share the food with them. As an example, the day we cooked Qurbani meat for lunch, we get some non Muslim visitors, can we serve that meat to them?

 

(Question published as received)

 

 

A. A person slaughtering a Qurbaani/Udhiyyah animal may eat from its meat, keep some meat for his family and feed others from its meat, Muslim or non-Muslim. (Durarul Hukkaam 1/270)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN)

 
Council of Muslim Theologians

 

[ummtaalib]

Underage Animals

 

There are certain conditions that are necessary for an animal to be acceptable for Qurbani. This is generally summed up by the animal being fit and healthy and free from defects. An additional requirement is the age of the Qurbani animal. Cattle must be at least 2 years old and sheep and goats must be at least one year old. There is a further concession in sheep only, that if a sheep is above 6 months and resembles a one year old sheep in size, then it will be permissible for Qurbani, otherwise not.

 

We request the public to take special note when purchasing small sized sheep as reports have been received of sheep under 6 months being sold for Qurbani. Such a Qurbani will not be valid.

 

Generally the emergence of the two bottom incisors are indicators that sheep are above 6 months old.

 

We advise those who are selling animals to be fully acquainted with the requirements for a Qurbani animal. You will be accountable in the court of Allah if animals unfit for Qurbani are sold for this purpose.

Masjid Poster downloadable here.

 

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Performing nafl Qurbaani on behalf of someone without his consent

 

Q: Is it permissible for one to carry out a nafl Qurbaani on behalf of someone without his consent?

 

A: The nafl Qurbaani will be valid.

الأصل أن كل من أتى بعبادة ما له جعل ثوابها لغيره وإن نواها عند الفعل لنفسه لظاهر الأدلة وأما قوله تعالى { وأن ليس للإنسان إلا ما سعى } أي إلا إذا وهبه له كما حققه الكمال… ( العبادة المالية ) كزكاة وكفارة ( تقبل النيابة ) عن المكلف ( مطلقا ) عند القدرة والعجز ولو النائب ذميا لأن العبرة لنية الموكل ولو عند دفع الوكيل ( والبدنية ) كصلاة وصوم ( لا ) تقبلها ( مطلقا والمركبة منهما ) كحج الفرض ( تقبل النيابة عند العجز فقط ) لكن ( بشرط دوام العجز إلى الموت ) لأنه فرض العمر حتى تلزم الإعادة بزوال العذر (الدر المختار 2/597-598)

قال الشامي: قوله ( لغيره ) أي من الأحياء والأموات بحر عن البدائع… قوله ( كما حققه الكمال ) حيث قال ما حاصله إن الآية وإن كانت ظاهرة فيما قاله المعتزلة لكن يحتمل أنها منسوخة أو مقيدة وقد ثبت ما يوجب المصير إلى ذلك وهو ما صح عنه صلى الله عليه وسلم أنه ضحى بكبشين أملحين أحدهما عنه والآخر عن أمته فقد روي هذا عن عدة من الصحابة وانتشر مخرجوه فلا يبعد أن يكون مشهورا يجوز تقييد الكتاب به بما لم يجعله صاحبه لغيره (شامي 2/596)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

Must a woman slaughter?

 

Question

Is there any Hadith which specifically encourages women to slaughter themselves

 

 

Answer

I haven’t seen any such Hadith. However, Rasulullah (sallallahu’alayhi wasallam) did encourage Sayyidatuna Fatimah (radiyallahu’anha) to be present when her animal was being slaughtered.

(Musnad Bazzar, hadith: 1202, Al-Mu’jamul Kabir, hadith: [18] 600. Also see Targhib, vol.2 pg.155 & Majma’uz Zawaid, vol.4 pg.17)

 

Note 1: When practicing the above, there should be no unawful intermingling.

 

Note 2: The above encourages one to be present for the slaughter of his/her animal. One should therefore as far as possible, slaughter his wajib animal locally. We may donate our nafl animals as much as we wish to the needy around the globe.

 

 

And Allah Ta’ala Knows best,

 

Answered by: Moulana Muhammad Abasoomar

hadithanswers

[ummtaalib]

Optional Qurbani for multiple Marhooms (The Deceased)

 

Q. Can 1 sheep or goat be sacrificed for all marhooms in the family.

 

(Question published as received)

 

A. If the Qurbani is an optional one, then the intention for more than one Marhoom (deceased) can be made. Hence, one Qurbani can be made for all the Marhooms in one’s family. (Fataawa Rahimiyah vol.8 pg.25; Darul Ishaat)

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Confirmation:

Mufti Ebrahim Desai

 

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Receiving nisaab amount before sunset of the twelfth of Zul Hijjah

 

Q: If a person upon whom Qurbaani was not waajib received some money which equals the Nisaab amount just before sunset of the twelfth of Zul Hijjah, will Qurbaani be waajib upon him?

 

A: Qurbaani will be waajib upon him.

حتى لو كان مسافرا في أول الوقت ثم أقام في اخره تجب عليه وحتى لو كان فقيرا في أول الوقت ثم أيسر في اخره تجب عليه (الهندية ص292 ج5)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

[ummtaalib]

One Qurbani for multiple persons due to financial restraints

 

Q. Due to financial restrains and being over committed this year,we don't have full money for atleast one qurbaani. Is it possible ,we and our kids join and pay to do one Qurbaani?

 

(Question published as received)

 

 

A. Qurbani is only be Wajib (obligatory) on a person who is:

 

1) Of sound mind - mature (has reached the age of puberty),

2) Muqeem (i.e. he is not a Shar῾i traveller)

3) Possesses the amount of 612.36 grams of silver or wealth equivalent to that value (Value as of 1^st Zul-Hijjah 1436: R 4 168.52) which is in excess of one's basic needs and debts, on any of the three days of Qurbani. It is not necessary that this amount be in one's possession for a complete year.

 

Therefore, only if a person meets the criteria which necessitate Qurbani will Qurbani be compulsory on him/her.

 

A sheep, goat or ram can only be sacrificed on behalf of one person’s Wajib Qurbani. Similarly, a share in a camel, cow, bull or buffalo can only discharge the obligation of one person.

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Confirmation:

Mufti Ebrahim Desai

 

Fatwa Department

Jamiatul Ulama (KZN)

[ummtaalib]

QURBANI

The Sunnah Way

 

While the Muslim community has always upheld the obligation of Qurbani with profound eagerness, it has been unfortunately observed that at times the slaughter and treatment of Qurbani animals is harsh and inconsiderate. Ignorance and negligence regarding the proper method of slaughter can diminish and even void the reward and virtue of this noble obligation.

 

The following are some of the acts that must be rectified:

• Leaving animals hungry and thirsty before slaughter
• Sharpening of blades in clear view of the animals.
• Slaughtering in full view of other animals.
• Skinning while movement exists in the animal.
• Ill-treatment of animals in pens/holding areas.
• Carelessly dragging the animal on its back.
• Stunning of cattle.
• Slaughtering with a blunt knife.
• Slaughtering by persons, especially children, who do not know how to slaughter correctly.

Rasulullah Sallallahu Alayhi wa Sallam said, “Verily Allah Ta'ala has prescribed goodness in everything; .... when you slaughter do so properly, ensure the blade for slaughter is sharpened and the slaughtering is carried out swiftly.” (Sahih Muslim)

 

Jamiatul Ulama (KZN)

Council of Muslim Theologians

[ummtaalib]

Contributing towards a Marhoom's Qurbani when not performing one's own

 

Q. Slmz I would like to know if it is permissible for one to contribute towards the share for a marhoom if one is not making their own qurbani (person does not have nisaab and cannot make their own) Jzk

 

 

A. Qurbani is Waajib (compulsory) on every Muslim person who is the owner of Nisaab during the days of Eid. The Nisaab amount is currently R5437.75 in South Africa (as at 24 August 2016).

 

If a person is not the owner of the Nisaab amount during the days of Eid, Qurbani is not Waajib (compulsory) on such a person. It is permissible for such a person to contribute towards the share of the Qurbani on behalf of a Marhoom (deceased person).

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians

[ummtaalib]

Qurbani on a person in debt

 

Q. Is it wajib for a person to make qurbani if she/he has debt eg: credit card, over draft payments. Jazakallah.

 

(Question published as received)

 

 

A. Qurbani is Waajib (compulsory) on every mature Muslim Muqeem (non-Shari’ traveler) who is the owner of the Zakaat Nisaab during the days of Eid - 10^th, 11^th and 12^th of Zul-Hijjah. (Al-Iktiyaar Li-Ta’leelil Mukhtaar 5/16)

The Zakaat Nisaab in South Africa is currently R5835.79 (as of 01/09/2016)

 

In the enquired case, if you fulfil the above criteria and you are the owner of the Zakaat Nisaab during the days of Eid which is over and above your debts, credit card payments etc. then Qurbani remains Waajib (compulsory) upon you despite having debts. However, if you do not own the Zakaat Nisaab after deducting your debts, credit card payments etc., then Qurbani will not be Waajib (compulsory) upon you. (Shaami 6/312)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department

Jamiatul Ulama (KZN)