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Posted By Topic: Sharing a sacrifice for 'Eed al-Adh-haa and related matters

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Moosaa
01-23-2004 @ 5:01 AM    Notify Admin about this post
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Question: Can people who are not making Hajj share in slaughtering a cow or a camel for their slaughter on 'Eed al-Adhaa?  Or is that something specific for those making Hajj?

Reply: The Companions shared in the slaughtering of cows and camels, seven of them per one animal, in the presence of the Prophet (sallallaahu 'alayhe wa sallam), as has been narrated by Jaabir, both while making Hajj and while not making Hajj.

Imaam Muslim narrated (#3172) that Jaabir said, "We slaughtered, along with the Messenger of Allaah (sallallaahu 'alayhe wa sallam), in the year of Hudaybiyyah: camels for seven (people), and cows for seven (people)."

In another narration (#3175), Jaabir said, "We shared, along with the Prophet (sallallaahu 'alayhe wa sallam) for Hajj and 'Umrah, each seven (of us shared) in a camel."

The first narration mentions that they shared in the slaughtering of camels and cows in the year of Hudaybiyyah.  As you know, the Prophet (sallallaahu 'alayhe wa sallam) and the Companions did not make Hajj that year, as they agreed in the peace treaty of Hudaybiyyah to return to al-Madeenah without performing 'Umrah (in Thul-Qi'dah of the sixth year after Hijrah).  It seems that they intended to perform Hajj that year along with their 'Umrah since they had brought animals to slaughter with them, and they were ordered to slaughter their animals after settling in Hudaybiyyah and not making 'Umrah, while slaughtering for 'Umrah is not waajib, and Allaah knows best.  Another indication that they intended to make Hajj with their 'Umrah is that they left in Thul-Qi'dah and then stayed at Hudaybiyyah, which is very close to Makkah, for 20 days, and then returned to Madeenah, the entire journey taking a month and a half in total.  

The point is, if they did intend Hajj with their 'Umrah that year, they did not make it to 'Arafah.  They still shared in the slaughtering of the animals, and the fuqahaa' in general use this hadeeth of Jaabir in their chapters of Adh-hiyah, [which is an indication that it was their slaughter for 'Eed al-'Adh-haa].

CORRECTION: Their slaughter was a hadee, not udh-hiyah.  This is because Allaah says, what means, "And if you are prevented, then (slaughter) whatever is easy of the hadee" (2:196).  Ibn al-'Arabee said that there is ijmaa' (concensus) of the scholars of Islaam that this aayah was revealed regarding Hudaybiyyah. {Ahkaam al-Qur'aan)  Thus, their slaughter was a hadee, not udh-hiyyah.  However, the scholars still use this hadeeth when dealing with the subject of udh-hiyyah, as mentioned, since the rulings are very similar.

The second hadeeth shows that they shared cows and camels, seven people for each animal for their slaughter while making Hajj.  This is clear and needs no elaboration.

The majority of the 'ulamaa', namely Aboo Haneefah, ath-Thawree, al-Awzaa'ee, Shaafi'ee, Ahmad, Ishaaq, and others agreed that cows and camels can be shared by seven people (See al-Muhallaa 8/27).  Ibn Qudaamah further mentioned that it is the position of 'Alee, Ibn 'Umar, Ibn Mas'ood, Ibn 'Abbaas, 'Aa'ishah, 'Ataa', Taawoos, Saalim ibn 'Abdillaah ibn 'Umar, al-Hasan al-Basree, and 'Amr ibn Deenaar. (al-Mughnee 13/363-364)

'Umar ibn al-Khattaab did not allow it and Imaam Maalik followed him in that (at-Tamheed, 10/307), (however he allowed it for non-obligatory slaughters, like 'Adh-hiyah for non-Pilgrims in one narration from him).  It was also the choice of Ibn Seereen, who said, "I do not know that one (animal's) blood could be spilled for more than one person."  Similar has been reported from Ibn 'Umar in another narration (but he later returned from it, thus he was mentioned among the earlier group of scholars who allowed it).  See al-Muhallaa (8/27-28)   However, the hadeeth from the Prophet (sallallaah 'alayhe wa sallam), is authentic, so the majority's position is correct, in shaa' Allaah.

So it is something general, up to seven people may share in the slaughter of a cow or a camel, and not specific to Hajj, and evidence would be required to make it specific to Hajj, especially since it has been shown that the Companions shared in their slaughtering during the year of Hudaybiyyah when they did not perform Hajj.

See also: al-Umm (3/584).

NOTE: As for the issue of seven families taking part in the slaughter of one cow or camel, or a man slaughtering only one sheep on behalf of himself and his family, then this is permissible for non-obligatory slaughters (ie. Not for Hajj as each person has to slaughter individually, and not for fulfilling oaths or expiations), as each man intends with his slaughter, whether he slaughters an animal on his own or he shares with others, that he slaughters on behalf of himself and the people of his household (even if they are more than seven).  This was stated by Ibn 'Abdil-Barr in at-Tamheed (10/314),

NOTE: Some scholars limited the sharing of an animal to between family members only.  ash-Shaafi'ee refuted them, "Because the people of Hudaybiyyah were from different tribes and varying nations." (al-Umm, 3/580)

So a man may slaughter one sheep on behalf of himself and his family, or he may join six others and share the slaughter a camel or a cow, intending his part to be for himself and his family, and Allaah knows best.  This is for non-obligatory slaughters, like the Adh'hiyah.

As for the obligatory slaughters, then there exists ijmaa' (scholarly concensus) that a sheep may not be shared at all(at-Tamheed, 10/315).  

I hope this clarifies some of the issues, and Allaah knows best.


References:
Saheeh Muslim, Daar al-Ma'rifah, 5th printing, 1419.
Al-Umm, Daar al-Wafaa', 1st printing, 1422.
At-Tamheed, al-Faarooq al-Hadeethiyyah, 2nd printing, 1422.
Al-Mughnee, Hajar, 2nd printing, 1413.
Al-Muhallaa, Ihyaa' at-Turaath, 1st printing, 1418.



Moosaa Richardson

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This message was edited by Moosaa on 1-26-04 @ 11:28 PM

ifthikar.saifudeen
01-24-2004 @ 12:34 AM    Notify Admin about this post
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Assalaamualaikum brother Moosaa,

Jazakallah khair for your beneficial post.  Is the 'Adh-hiyah for non-Pilgrims, obligatory or non-obligatory?  since I saw an article on troid.org (May Allah reward the brothers at troid) which states that Shaykhul-lslaam Ibn Taymiyyah - rahimahullaah ? said in his Majmoo?ul-Fataawaa that it is obligatory for all those who have the means; the article uses the following hadith as the evidence :

Prophet?s (sallallaahu ?alayhi wa sallam) said, ?One who has the ability to sacrifice, but chooses not to do so, should not approach our place of (?Eed) Prayer.? [ Hasan: Related by Ibn Maajah (no. 3123), from Aboo Hurayrah (radiyallaahu ?anhu). It was authenticated by Shaykh al-Albaanee in Takhreej Mushkilatul-Fiqr (no. 398).]

article: http://www.troid.org/articles/ibaadah/hajjandumrah/dhulhijjah.htm


Do you also know akh if it's permissible to join parents or relatives in another country (who are non-pilgrims) by sending them the money from the U.S so they can slaughter a cow (for 7 different families) or a goat (just for my family) and distribute the sacrifice in the other country?

Barakallah feek
Ifthikar



Moosaa
01-24-2004 @ 4:43 AM    Notify Admin about this post
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wa 'alaykumus-salaamu wa rahmatullaah.

Most of the people of knowledge saw that the Adh-hiyah sacrifice for non-pilgrims is Sunnah, not Waajib.  It was the position of:

Aboo Bakr
'Umar
Bilaal
Aboo Mas'ood al-Badree
Suwayd ibn Ghafalah
Sa'eed ibn al-Musayyab
'Alqamah
al-Aswad
'Ataa'
Shaafi'ee
Ishaaq
Aboo Thawr
Ibn al-Munthir


However, a number of scholars saw it to be waajib for the one who is able:

Rabee'ah
Maalik
Sufyaan ath-Thawree
al-Awzaa'ee
al-Layth
Aboo Haneefah
[Ahmad
Ibn Taymiyyah (al-Fataawaa, 23/163]

They use the hadeeth you mentioned.  

However, the hadeeth should be understood as a strong encouragement and not a command to do something waajib, due to the hadeeth in Saheeh Muslim, on the authority of Umm Salamah:
quote:

"When the ten (days of Thul-Hijjah) enter, and he has an adh-hiyah that he wishes to slaughter, then do not let him take anything from his hair, and do not let him trim his nails."


Ibn Qudaamah said, "So he (sallallaahu 'alayhe wa sallam) made it something relative to a person's own wishes, and a waajib is not something relative to the wishes of a person..."

Meaning that his statement, "...and he has an adh-hiyah that he wishes to slaughter..." indicates that it is something optional and not obligatory.

Ibn Qudaamah further went on to say that the hadeeth of Ibn Maajah should be understood as a confirmation for the recommended nature of the slaughter, but not a proof for it being an obligation. [See al-Mughnee, 13/360-361]

And this is based upon an established principle in Usool al-Fiqh that a text that is understood to make something waajib or haraam by itself can be refined by another text, and thus the weight of the order or prohibition is lessened and understood to be for recommendation or discouragement, and Allaah knows best.

Furthermore, the scholars have mentioned that it is a fardh kifaayah, like Hajj, meaning that some people have to perform it in each land so that the worhsip of Allaah and His Remembrance in a place where Hajj is not seen is visible on that great day. (See Fataawaa Shaykh al-Islaam, 23/162-163)

Moosaa Richardson

********************




This message was edited by Moosaa on 1-24-04 @ 5:30 AM

Moosaa
01-24-2004 @ 5:31 AM    Notify Admin about this post
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Furthermore, it was reported that Aboo Bakr and 'Umar both left off slaughtering some years of their during their khilaafahs...

reza
01-24-2004 @ 6:43 AM    Notify Admin about this post
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A reseach student overhere put out a researched document about udhiyya  2 years ago, which convinced me, where he concludes that the correct position is the verdict of Imam Malik which is available in Malik Muwatta. While trying to reconcile all the relevant texts on Udhiyyah and Haadi.

In Malik Muwatta under the chapter of 'sharing animals'
From Abu Ayyub al Ansari who said: "We USED TO sacrifice a sheep on our behalf and on behalf of the whole house hold. But LATER ON as a matter of pride each man began to to scarifice a sheep".
He (tullabul Ilm) says this narration shows(WE USED TO) the mode of slaughter during the Sahabas time i.e that one household cannot take a portion of an animal but that they should sacrifice a full animal for a household.
Another point he says in the document that everything pertaining to Hudaibiyyah gets the ruling from the Hadi(people set out on hajj) and not from udhiyya bcez of the Quraanic ayyah
"And if you are prevented, sacrifice of what is possible of a Haadi"
Brother, if you have the time could you get some clarity to the above matter.
reza  

Abu-Fadhlallah Muhammad Reza as Saylanee

ifthikar.saifudeen
01-24-2004 @ 9:22 PM    Notify Admin about this post
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Jazakallah khair wa barakallah feek akhi Moosaa for the clear answer.

Regarding the second part of my question if you or any of the other students of knowledge, know or could find out the answer, then that would be very helpful, inshallah.  

Ifthikar

Moosaa
01-26-2004 @ 11:31 PM    Notify Admin about this post
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Please note the correction in red up above in the first post on this thread.

Thanks Muhammad Reza, may Allaah reward you.

ifthikar.saifudeen
01-28-2004 @ 10:00 PM    Notify Admin about this post
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Assalaamualaikum,

The following thread with the advice of Shaykh Fawzan has answered the second part of my question.

http://www.salafitalk.net/st/viewmessages.cfm?Forum=16&Topic=3159


Ifthikar

wasim.ahmed
01-08-2005 @ 4:25 PM    Notify Admin about this post
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Bismillaah ar-Rahmaan ar-Raheem ,

                   Raised !!






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