The Rituals of Hajj [Electronic resources] نسخه متنی

Sacrificing an animal at
Mina

This is the fifth obligation in Hajj-ut-Tamatu'. It is necessary to set one's
mind on performing this act of worship in the hope of attaining closeness to
Allah (Niyyah of alqurbah). The sacrifice must be offered during the day, unless
one is afraid of doing so for a valid reason, in which case it may be made at
night.

As a matter of precaution, it is obligatory that it be offered after rami;
if, however, one does so before rami, because he forgot or did not know the
rule, it is still valid and should not be repeated. It is obligatory that the
offering be made at Mina. If it is not possible, because of the rush, and
because Mina is not capable of accommodating the multitudes of pilgrims, it
could be made at Wadi Muhassar. If, by delaying the sacrifice, it becomes
possible for the pilgrim to offer the hady in Mina, he may delay it up to the
13th of Thil Hijjah, as a matter of precaution.

Rule 382:

As a matter of precaution,
the hady must be offered on the day of Eid, although it is highly likely (al
aqwa) that it could be delayed till the last day of Tashreeq, i.e. the 13th of
Thil Hijjah.As a matter of precaution, the sacrifice must not be offered at
night, except by those who have good reason not to do so.

Rule 383:

If he can afford it, each
pilgrim is obliged to offer one hady. As for the one who cannot afford it, this
will be discussed under Rule 396.

Rule 384:

It is obligatory that the
animal to be sacrificed be either a camel, a cow or a sheep. It is not
permissible to sacrifice a camel, unless it has completed the age of five years
and has entered the sixth. If it is a cow or a goat, it must have completed two
years, and as a matter of precaution, entered the third.

If it is lamb, it should have completed the seventh month and entered the
eighth, and must, as a matter of precaution, have completed one year of age and
entered the second.

If after the hady had been offered, a pilgrim learned
that the age of the animal was less than the required one, it will not be
acceptable; he will have to have a second go.

It is also necessary that all
the parts of animal be sound; it must not be one-eyed, lame, without ears or
with damaged horns, etc. Apparently, it should not be castrated (unless another
is not found), weak, sick, very old or diseased in both testicles. There is no
objection, if the animal's ears are injured or perforated, although they must,
as a matter of precaution, be free from such defects. It must, as a matter of
recommended precaution, not have been born without a tail or horns.

Rule 385:

A pilgrim may purchase for
hady what appeared to be a sound animal. Having paid the price, he discovers
that it has a defect. It will be sufficient as a sacrifice.

Rule 386:

If, during the days of Eid
and Tashreeq, the pilgrim does not find an animal fulfilling all the
requirements we have already outlined, it is recommended that sacrificing the
animal lacking the conditions and fasting instead of hady should be resorted
to.

The same applies in the case of a pilgrim who does not have sufficient
money to pay for a fully fledged sacrifice. Should he afford to pay a sound
animal later in the month of Thil Hijjah, it is advise to do it on top of what
he has already done.

Rule 387:

If an animal for sacrifice
is bought in the belief that it is healthy, but it transpires that it is weak,
it will still be sufficient, regardless of whether or not he found out that it
was not sound before or after killing it.

If he already owns the animal,
which he slaughtered under the pretext that it was sound, and it appeared that
it was not, it is not sufficient, as a matter of ihtiyat.

Rule 388:

If there is a doubt that an
animal is emaciated, but is slaughtered in the name of Allah, and it transpires
that it is fat and sound, it will be sufficient for the sacrifice.

The same
rule applies if a pilgrim entertains a doubt, after the animal was slaughtered,
as to whether it was carried out in Mina or elsewhere. However, the doubt may
revolve around whether he sacrificed an animal at all. If it arose after shaving
the head or taqseer, the doubt should be ignored. Otherwise, he needs to return
to Mina and offer hady there.

Rule 389:

If a sound animal is
purchased for Hajj-ut-Tamatu' but after the purchase it, for any reason, becomes
sick, or deformed, slaughtering it is arguable (ishkal). The pilgrim should, as
a matter of precaution, sacrifice it as well; if he sold it, he should give the
proceeds away in charity.

Rule 390:

After the purchase of an
animal for sacrifice, it may get lost. It may not be known that someone else had
offered a sacrifice on the pilgrim's behalf. Another one should be purchased.

However, if before the second one is slaughtered, the first is found, it is
sufficient to confine it to the first; the second remains the property of the
pilgrim; he has the choice of slaughtering or sparing it. However he should, as
a matter of recommended precaution, offer it. If the lost animal is found, after
the second one was slaughtered, the first one must, as a matter of precaution,
also be slaughtered.

Rule 391:

If a person finds a stray
animal, knowing that it was hady, he should, as a matter of precaution, look for
its owner till the afternoon of the 12th day of Thil Hijjah. If he fails in his
bid, he should slaughter it on behalf of the owner. If the owner comes to know
about this, it would suffice.

Rule 392:

If an animal cannot be found
in time and the pilgrim has the cash ready, he should, as a matter of
precaution, deposit it with a reliable person to purchase and slaughter an
animal on his behalf before the end of Thil Hijjah.In the meantime, he should
observe fasting.

If after the lapse of the whole month of ThilHijjah, an
animal is not found, one must be sacrificed in the following year.However,
fasting, without offering the hady, may be sufficient after the lapse of the
days of Tashreeq.

Rule 393:

If an animal cannot be found
and the cash is not available, the pilgrim must, instead, observe fast for ten
days - the seventh, eighth and ninth of Thil Hijjah; the remaining seven days on
returning home, as a matter of precaution. The seven-day fasting period must be
observed consecutively. Fasting these days in Makkah or en route will not be in
order.

If he does not return home, and remains in Makkah, he must wait till
his companions get home, or the lapse of one month, before fasting the seven
days.

Observing succession in fasting the first three days is a must,
whereas it is not a condition for the seven days, although it is recommended as
a matter of precaution. Fasting the first three days has to be with the pilgrim
wearing his ihram for Umrat-ut-Tamatu'. If he does so before that, it shall not
be in order.

Rule 394:

If the person, obligated to
keep the three-day fast, cannot observe a fast on the seventh of Thil Hijjah, he
should keep the two on the eighth and ninth of the month, and the third on his
return to Makkah, after performing the ceremonies at Mina. If he is unable to
fast on the eighth, he should wait to return from Mina when he should observe
the three-day fast together.

As a matter of recommended precaution, on
return from Mina, the fast must be observed without undue delay. If the pilgrim
becomes unable to keep the fast on return from Mina, he should fast on his way
home, or on reaching home; he should not, however, join them with the seven-day,
as a matter of recommended precaution.

If it becomes untenable to observe
the three days until the birth of the moon of Muharram, he is relieved from the
fast; thus, he must offer the hady in the following year.

Rule 395:

It may not be possible for a
pilgrim to find neither an animal nor the cash to buy it with; subsequently he
observed the three fasts during Hajj. Should his position change whereby he
becomes solvent before the lapse of the days of sacrifice, he must offer hady,
as a matter of precaution.

Rule 396:

If it is not possible for a
pilgrim to offer the sacrifice on his own, but is able to join others in
partnership, he should, as a matter of precaution, do so, and also observe the
fast as stated above.

Rule 397:

If a pilgrim deputies
another to carry out the slaughter for him, and subsequently entertains a doubt
as to whether or not the agent has sacrificed the animal, he must resolve the
matter as though the job has not been done.However, if the agent is a reliable
person and informs him that he has sacrificed the animal, that would be
sufficient.

Rule 398:

The conditions for the
sacrifice of an animal do not apply to the slaughter of animals by way of
kaffarah, although they should, as a matter of precaution, also be
fulfilled.

Rule 399:

It is not necessary that the
animal, whether intended for hady or kaffarah, be slaughtered by the pilgrim
directly. It is also permissible to authorize another person to do so. In such a
case, the agent must make the niyyah on behalf of the owner of the offering, and
not himself. However, as a matter of precaution, the principal must make the
niyyah also. The agent must be a Muslim.

Distributing the sacrifice

As a matter of recommended precaution (al ahwatil awla), the owner must eat
some of his hady, even a small quantity, ensuring no harm comes his way. He is
permitted to keep one-third of it for himself, or for the consumption of his
family. One-third can be given to the faithful as a gift.

As a matter of
obligatory precaution (al ahwat wujuban), one-third of the hady must be given in
charity to the needy among the faithful.If giving the third portion by way of
sadaqah to the needy was not feasible or could cause difficulty, no harm is
done. It is not obligatory to hand over this portion in person; it is
permissible to hand it to an agent - even if the agent is the owner of the hady
himself.He should distribute it, according to the instructions of the principal,
by way of gift, sale, or any thing else. It is permissible to take the meat of
hady out from Mina, if people who are there do not need it.

Rule 400:

The actual division of the
one third of the sadaqah, as well as that of the gift is of no consequence. What
is of consequence, though, is the acquisition by the intended recipient. In
that, it suffices, if he gives his one-third undivided share by way of sadaqah
to the poor; the same goes for the third allocated as a gift.

Rule 401:

The recipient of the portion
of sadaqah or gift is free to dispose of it as he pleases, so much so that there
is no objection to his giving it to non-Muslims.

Rule 402:

If the carcass of the hady
was stolen or forcibly snatched before distributing the meat by way of charity
(sadaqah) or gift, it goes without saying that the owner should not stand to
compensate the hady. However, if he deliberately wastes it or gives it to
persons not entitled to it, he is, as a matter of precaution, liable for the
one-third allotted to the poor.