55.2. CHAPTER AL-UDHIYYAH
They are specified with the words, ‘This is hadi [i.e. the sacrifice of the pilgrim]’ or ‘this is udhiyah [i.e. the sacrifice of the non-pilgrim].’ Not just with an intention.
The author says, “They are specified”: I.e. whether it is hadi or udhiyyah.
“With the words, ‘This is hadi [i.e. the sacrifice of the pilgrim]’o r ‘this is udhiyyah [i.e. the sacrifice of the non-pilgrim]”’: If one utters that it is for hadi or udhiyyah, then the sacrificial animal is specific for that particular sacrifice and has to meet the laws of it. He must then carry out the sacrifice. If he utters his intention to slaughter the animal as hadi, then he must sacrifice it as such and if he utters his intention to slaughter it as udhiyyah, then it is wajib for him to sacrifice it as such.
“Not just with an intention”: He must specify it verbally. Doing so merely with an intention will not suffice. If he intends the animal to be sacrificed as hadi or udhiyyah without uttering it verbally, then it is deemed that he has not yet specified his intention for sacrificing the animal.
Once the animal has been specified for sacrifice, it is not permissible to sell it or give it away as a gift unless it is replaced with another animal which is better than it.
“Once the animal has been specified for sacrifice, it is not permissible to sell it or give it away as a gift unless it is replaced with another animal which is better than it”: This is the advantage of specifying an animal for sacrifice. If one utters, “This sheep is for hadi” or, “This sheep is for udhiyyah”, then the animal has to be set aside and slaughtering it according to the specific intention becomes wajib. It is not permissible for him to transfer ownership of that animal by selling it or giving it away as a gift. This is due to the fact that the animal has been endowed to Allah. This rule can only be breached in the following scenario: The owner replaces the animal that has been set aside for sacrifice with another animal better than it. Only then can he sell the former or give it away as a gift as it has been replaced with something better. Replacing it with another animal that is similar or inferior in features is not permitted.
It is permissible to shear the wool off the sheep if it is beneficial for it. He has to give away the wool in charity. He should not give meat from the animal to the butcher as compensation for his work. He should not sell its skin or any part of the animal either. However, he may himself benefit from it.
“It is permissible to shear the wool off the sheep if it is beneficial for it. He has to give away the wool in charity”: He may benefit from the animal after intending it for sacrifice provided that there is no harm done to it. He may shear the wool off the sheep if it is beneficial for it. If doing so is harmful to it or diminishes its worth or features, then it is not permitted. If not shearing the sheep’s wool is detrimental to it then he may do so. However, he must not keep the wool for himself but instead should give it away in charity. This is because the wool is a part of the sheep and hence does not belong to him.
“He should not give meat from the animal to the butcher as compensation for his work”: If he hires someone to slaughter the animal on his behalf, he should not give the meat from the sacrificial animal as compensation for his work. Instead, he should pay the butcher from his wealth as the Prophet(pbuh) said, “And do not compensate the butcher with its meat.” (Reported by al-Bukhari (2/210, 211) from the narration of ‘Ali ibn ‘Abi Talib who said, “The Prophet fs commanded me to take charge o f the sacrificed animals and ensure that none of the meat is given to the butcher who slaughtered them.’’ This hadith is also reported by Muslim (4/87) from the narration o f ‘Ali who said, “The Messenger of Allah is commanded me to take charge o f the sacrificed animals and give their meat, skin and innards in charity and not to give the butchers any part of it.”) This is because the meat is no longer his but now belongs to Allah. Paying wages to the butcher is wajib upon him. Therefore, he should not try to preserve his wealth by paying it in the form of meat from the hadi or udhiyyah.
“However, he may himself benefit from it”: He must not sell the skin of the udhiyyah or hadi as it is part of the sacrificial animal and does not belong to him. However, he may himself benefit from the skin by fashioning it into a case or covering for his personal use. It should not be sold to anyone.
If the animal becomes deficient while it is alive, it is permissible for him to proceed with its sacrifice. However, he is held accountable if it becomes deficient before it is specified for sacrifice.
“If the animal becomes deficient while it is alive, it is permissible for him to proceed with its sacrifice”: This is another rule pertaining to his uttering, “This is a hadi” or “This is an udhiyyah.” We have seen how it is impermissible for him to sell the animal or give it away as a gift once he has uttered these words. The second rule states that if the animal becomes deficient by becoming ill, lame or any other deficiencies, then he is not required to replace this animal with another healthy animal. In fact, he may slaughter his animal even though it is deficient. This is because it happened without him having any choice in the matter and so he may sacrifice the animal in its present condition.
“However, he is held accountable if it becomes deficient before it is specified for sacrifice”: If he intends to sacrifice the animal as a vow or as hadi meant for Hajj al-tamattu ox al-qiran, then it is wajib upon him to classify the sacrificial animal as deficient. Deficient animals are not allowed to be slaughtered as sacrificial animals.
And al-udhiyyah is Sunnah.
“And al-udhiyah is Sunnah ”: The classification of the rule for udhiyyah is that it is Sunnah muakkadah (strongly recommended). Udhiyyah is the act of sacrificing an animal to draw closer to Allah on the day of ‘Eid al-Adha and the days of tashriq following the example of al-Khalil (Ibrahim). Allah commanded him to sacrifice his son, Ismail as a trial and test. When he and his son were about to carry out Allah’s command with obedience, He abrogated that law (the sacrifice of Ismail) and replaced it with the slaughter of a fat animal. In doing so, Isma’il was spared. Ibrahim slaughtered the animal and thus this act became a Sunnah for all his offspring until the Day of Judgement. The Prophet(pbuh) sacrificed two rams (Reported by al-Bukhari (7/131) and Muslim (6/77 and 78) from the narration of Anas ibn Malik.) as udhiyyah to enliven this Sunnah of Ibrahim. He ordained udhiyyah for his nation without making it wajib. This act is classified as Sunnah muakkadah by the majority of the people of knowledge. (See Nayl al-Awtar by al-Shawkani (5/126).)
Slaughtering it is better than giving in charity its money value.
“Slaughtering it is better than giving in charity its money value”: This is referring to the udhiyyah as it is an act that draws one closer to Allah by shedding blood [of an animal] on the occasion of ‘Eid. Hence it can never be equal to giving away money as charity, even though the giving of charity is an act of obedience to Allah. Charity is encouraged year-round while the sacrifice of udhiyyah is limited to only these days where one earns the pleasure of Allah by sacrificing the animals. He says: [Say, “Indeed, my prayer, my rites of sacrifice, my living and my dying are for Allah, Lord of the worlds.”} (Al-An’am: 162) He, also says: {So pray to your Lord and sacrifice [to Him alone.]} (Al-Kawthar:2)
Thus, sacrificing udhiyyah is an act of obedience to Allah in these specific days and thus it is superior to charity as it does not involve slaughtering and can be done all year long. Unlike udhiyyah, the act of charity is not time-specific. Udhiyyah can be done only on certain days and so is a superior act than the giving in charity of the animals’ value in cash.
It is Sunnah to portion the meat for eating, gifting and as charity in three equal parts. It is permissible for one to eat most of the meat and give in charity just a little. Otherwise, he has to do an allocation of meat.
“It is Sunnah to portion the meat for eating, gifting and as charity in three equal parts”: It is a Sunnah for he who sacrifices an udhiyyah or a hadi to eat from the animal’s meat. This is in accordance with Allah’s injunction: {And when they are [lifeless] on their sides, then eat from them and feed the needy and the beggar.} (Al-Hajj: 36) And in another ayah, He says: {And feed the miserable and poor.} (Al-Hajj:28)
It is mustahabb that he divides the meat into three equal portions. One portion to be consumed by him and his family members as was practiced by the Prophet(pbuh). He ate from the meat of his hadi and udhiyyah. The second portion is to be given as a gift to one’s friends, relatives and neighbours. The third portion is to be given to the poor and needy as charity. This method is mustahabb.
“It is permissible for one to eat most of the meat and give in charity just a little”: If he ate most of the meat and gave away but a little, then he has fulfilled the rights of charity even with the small portion of meat as it conforms to the command of Allah: {And feed the miserable and poor.}( Al-Hajj:28)
“Otherwise, he has to do an allocation of meat”: If he consumed all of the meat, then he has to do an allocation i.e. where he buys a small amount of meat and gives it away as charity.
It is not permitted for a person who performs an udhiyyah to remove hair from any part of his body during the first ten days.
“It is not permitted for a person who performs an udhiyyah to remove hair from any part of his body during the first ten days”: He who intends to sacrifice an animal as udhiyyah for himself or shares it with others must not remove any hair from his body or clip any nails during the first ten days of Dhul Hijjah until such a time that he slaughters the udhiyyah. This is in accordance to the hadith in Sahih Muslim (Sahih Muslim (6/83, 84).) narrated by Umm Salamah that the Prophet(pbuh) said: “Whoever intends to perform udhiyyah should not remove an)’ hair or clip any of his nails until he slaughters the sacrificial animal.”
According to the scholars, the wisdom behind the prohibition of removing any hair from the body or the clipping of nails until the udhiyyah is the similarity of the one offering the udhiyyah to the pilgrim in the state of ihram. However, if he intends to perform udhiyyah for himself and intends to perform Hajj and ‘Umrah as well, then he should not remove any hair or clip his nails as he enters into the state of ihram. However, he may do so as he leaves the state of ihram after completing the ‘Umrah within the first ten days of Dhul Hijjah. Though removing hair from the body and the clipping of nails is prohibited (for one performing udhiyyah), he may shave or trim the hair on his head as the rites of pilgrimage demand such an action.
By Shaykh Salih ibn Fawzan al-Fawzan
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