Qurbani Rules and Fazail O Masail

بسم االله الرحمن الرحيم
Udhiy’ya (Qurbani) Customary Animal Sacrifice

Qurbani is to sacrifice a specific animal on a specified day with the
Niyyat (intention) of Taqar’rub (i.e. to fulfil that which is the right of
Allah), and sometimes this animal which is being sacrificed is also
referred to as Udhiy’ya or Qurbani.

Qurbani is the Sunnat of Hazrat
Ibrahim (Alaihis salaam) which has been kept established for this
Ummah as well, and Nabi Kareem صلى الله عليه وسلم was commanded to perform
Qurbani.
Almighty Allah commanded

‘So keep Namaaz established for your Rub,
and perform sacrifice (Qurbani)’

We will first present few Ahadith related to this (i.e. Qurbani), which
will be followed by the laws of Jurisprudence.

Hadith 1: Abu Dawud, Tirmizi, and Ibn Majah report from Ummul
Momineen A’isha Radi Allahu Anha that Rasoolullah صلى الله عليه وسلم said, ‘There is no
action of the children of Adam on the ‘Day of Nahr’ (10th of Zil-Hijjah)
which is more dearer to Allah, than the spilling of blood (i.e.
sacrificing an animal for the pleasure of Allah), On the day of
Qiyaamat that animal will come forth with its horns, hair (wool) and
hooves, and even before the blood of the sacrifice falls onto the 5
ground, it (the Qurbani) will be accepted, so perform it (Qurbani)
with a content heart.’

Hadith 2: Tabrani reports from Hazrat Imam Hasan bin Ali Radi Allahu Anh
that Rasoolullah صلى الله عليه وسلم said, ‘One who performed Qurbani (sacrifice)
with a content heart (willingly) and for the sake of attaining
Thawaab (reward from Allah), it will serve as a veil (i.e. shield) from the fire of hell.

Hadith 3: Tabrani reports from Ibn Abbas Radi Allahu Anha that
Rasoolullah صلى الله عليه وسلم said, ‘There is no money more cherished than that
money which is spent for Qurbani on the day of Eid (i.e. on Eid Al
Adha).’

Hadith 4: Ibn Majah reports from Abu Hurairah Radi Allahu Anh that
Rasoolullah صلى الله عليه وسلم said, ‘One who can afford it, but (still) does not
perform Qurbani; he should not come near our Eid Gah (Place of Eid
Prayer).’

Hadith 5: Ibn Majah reported from Zaid ibn Arqam Radi Allahu Anh that the
Sahaba e Kiraam Radi Allahu Anhum enquired, Ya Rasool’Allah صلى الله عليه وسلم !What are these sacrifices? He صلى الله عليه وسلم said, It is the Sunnah of your father
(forefather) Ibrahim (Alaihis salaam). The people asked, Ya
Rasool’Allah صلى الله عليه وسلم !What Thawaab (reward) is in it for us? He صلى الله عليه وسلم said,
There is a virtuous deed for every hair. They asked, Ya Rasool’Allah
صلى الله عليه وسلم!What about the wool? He صلى الله عليه وسلم said, There is a reward (good deed)
for every hair of wool.

Hadith 6: It is reported in Sahih Bukhari from Barra Radi Allahu Anh that Nabi
Kareem صلى الله عليه وسلم said, ‘The first thing which we will do today, is to
perform Namaaz, and thereafter we shall return to perform sacrifice
(Qurbani). Whosoever does according to this, he has acted according 6
to our Sunnat (i.e. our way), and whosoever sacrificed first (i.e.
before Namaaz), then it is (merely) meat, which he has prepared in
advance for his family, and it has no connection to sacrifice (i.e. it is
not counted as Qurbani).’ (On hearing this) Abu Burdah bin Niyar Radi Allahu Anh
stood up, for he had already done his Qurbani (before Namaaz and he
did this so that he could give the meat to his neighbours who were
poor) and he said, ‘Ya Rasool’Allah صلى الله عليه وسلم !I have a six month old baby
goat.’ He صلى الله عليه وسلم said, ‘you may sacrifice it, and except for you (i.e. after
you), a six month old goat will not suffice for anyone else.’

Hadith 7: Imam Ahmed etc reported from Bar’ra Radi Allahu Anh that
Rasoolullah صلى الله عليه وسلم said, ‘The first thing which we will do today, is to
perform Namaaz, and thereafter we return to shall perform sacrifice.
Whosoever acted accordingly, has acted upon our Sunnah, and for
the one who sacrificed in advance (i.e. before Namaaz), then it is
merely meat which he prepared for his family. It has no connection
with ‘Nasak’ (i.e. sacrifice).’

Hadith 8: Imam Muslim reports from Sayyidatuna A’isha Radi Allahu Anha
that Rasoolullah صلى الله عليه وسلم commanded that a horned ram should be
brought to him, which walked on black, sits on black, and looks
through black. (In other words, it should have black hooves, a black
belly and black eyes). So, it was brought to him صلى الله عليه وسلم .The Beloved
Rasool صلى الله عليه وسلم said, ‘A’isha! Give me the knife. He صلى الله عليه وسلم then said, sharpen it
on a stone. He صلى الله عليه وسلم then took the knife and placed the ram on the
ground, and then sacrificed it. He صلى الله عليه وسلم then said,

Allah’s Name (we) begin with. O Allah accept this from Muhammad
صلى الله عليه وسلم and on behalf of the family of Muhammad صلى الله عليه وسلم and on behalf of
the Ummah of Muhammad صلى الله عليه وسلم.

Hadith 9: Imam Ahmed, Abu Dawud, Ibn Majah and Daarmi
report from Hazrat Jabir ؓ◌ that, (On the day of sacrifice), Nabi
Kareem صلى الله عليه وسلم slaughtered two-horned, castrated rams, which were a
a mixture of white and black (in colour). When turning their face
towards Qibla, he صلى الله عليه وسلم read,
َ
ّ
‘I have turned my attention towards Him, Who created the skies and the earth; adhering to the way of Ibrahim (Alaihis Salaam), in
devotion to Him alone, and I am not from amongst the polytheists.
Indeed, my Namaaz (Prayer) and my sacrifices (Qurbani), and my life
and my death, are for Allah, The Rub of the worlds, Who is without
any partner. It is that which I have been commanded to do, and I am of the Muslims. O, Allah! This is through You (i.e. through your
Divine Guidance), and it is for You alone, from Muhammad صلى الله عليه وسلم and from His صلى الله عليه وسلم Ummah. Bismillahi Wa-Allahu Akbar (Allah’s Name (we)
begin with, and Allah is the Greatest)’ After reciting this, he صلى الله عليه وسلم
performed the sacrifice.
It is mentioned in another narration that Rasoolullah صلى الله عليه وسلم said, ‘O
Allah! This is from me and from him, who did not perform the
sacrifice (Qurbani).’

Hadith 10: Imam Bukhari and Muslim have reported from Hazrat
Anas ؓ◌ that Rasoolullah صلى الله عليه وسلم sacrificed with his sacred hands, two-horned, rams, which were a mixture of white and black (in colour)
by saying ‘Bismillahi Allahu Akbar’. He says I saw Rasoolullah صلى الله عليه وسلم
keep his blessed leg on their sides, and then said ‘Bismillahi Allahu
Akbar’.

Hadith 11: It is in Tirmizi from Hanash. He says, I saw Hazrat Ali
ؓ◌ slaughtering two rams. I asked, what is this (i.e. why two)? He said
that, Rasoolullah صلى الله عليه وسلم advised me that I should perform Qurbani on
his behalf, so I am performing Qurbani on behalf of Rasoolullah صلى الله عليه وسلم.

Hadith 12: Abu Dawud and Nasa’i report from Abdullah ibn Amr
Radi Allahu Anh that Rasoolullah صلى الله عليه وسلم said, ‘I have been commanded to celebrate the Day of Adha. Allah Almighty has made this the day of Eid
(rejoicing) for this Ummah.’ A person said, ‘Ya Rasool’Allah صلى الله عليه وسلم With the
exception of a Muniha if I have no other animal, then should I then
sacrifice it?’ He صلى الله عليه وسلم said, ‘No! However, you may trim your hair and nails, and shorten your mustache, and remove the pubic hair. By
doing this, your sacrifice will be achieved in the court of Almighty
Allah.’
In other words, if you did not have the opportunity to make Qurbani,
and if you fulfill these actions, then you will receive the reward of
performing Qurbani.

Translator’s Note: A Muniha refers to that animal which has
been given to you by someone else, so that he may benefit from its
milk etc for a certain period of time, and thereafter he should return
it to the owner.

Hadith 13: Muslim, Tirmizi, Nasa’i, and Ibn Majah report from Umme
Salama Radi Allahu Anha that Rasoolullah صلى الله عليه وسلم said, ‘One who sees the crescent
of Zil-Hijjah and he intends to perform Qurbani, then until he does
not perform the sacrifice (Qurbani), he should not take anything
from his hair and nails.’ In other words, he should not trim them.

Hadith 14: Tabrani reports from Abdullah ibn Mas’ud ؓ◌ that
Rasoolullah صلى الله عليه وسلم said that, in sacrifice (Qurbani) a cow is from seven
people (i.e. it has seven shares), and a camel is from seven people.

Hadith 15: Abu Dawud, Nasa’i and Ibn Majah report from
Mujashi’ ibn Mas’ud ؓ◌ that Rasoolullah صلى الله عليه وسلم said that a lamb (baby
sheep of six months) is equal to a one-year-old goat.

Hadith 16: Imam Ahmed reported that Rasoolullah صلى الله عليه وسلم said that,
The finest Qurbani is that which is expensive in price, and very fat
(i.e. well built).

Hadith 17: Tabrani reports from Ibn Ab’bas Radi Allahu Anh that
Rasoolullah صلى الله عليه وسلم forbade us from performing sacrifice (Qurbani) at
night.

Hadith 18: Imam Ahmed etc report from Hazrat Ali ؓ◌ that
Rasoolullah صلى الله عليه وسلم said, Four types of animals are not valid for sacrifice
(Qurbani);
1. A one-eyed animal (i.e. defective eye) the defectiveness of
which is visibly evident
2. A sick animal whose sickness is visibly evident
3. A crippled (lame) animal whose lameness is visibly evident10
4. A weak animal that has no marrow in its bones (i.e.
meaning visibly very weak)
Similar narrations are reported by Imam Malik, Imam Ahmed,
Tirmizi, Abu Dawud, Nasa’i, Ibn Majah and Daarmi from Bar’ra ibn
Aazib ؓ◌.
Hadith 19: Imam Ahmed and Ibn Majah report from Hazrat Ali ؓ◌
that Rasoolullah صلى الله عليه وسلم forbade the sacrifice (Qurbani) of (an animal)
whose ear is cut and horn is broken.
Hadith 20: Tirmizi, Abu Dawud, Nasa’i and Daarmi report from
Hazrat Ali ؓ◌ that Rasoolullah صلى الله عليه وسلم said that we should carefully
inspect the ears and eyes of the animals, and we should not sacrifice
(make Qurbani) of the animal whose frontal portion of the ear is
severed (cut), or the one whose rear portion (side) of the ear is
severed, or the one whose ear has been split, or the one who has a
hole in its ear.

Hadith 21: Imam Bukhari reports from Ibn Umar Radi Allahu Anh that
Rasoolullah صلى الله عليه وسلم used to sacrifice camels and sheep at the place of Eid
Prayer.

Laws of Jurisprudence
Sacrifice (Qurbani) is of various types;
1. That which is Waajib (compulsory) upon both the Ghani
(financially able person) and upon the Faqeer (one in need)
2. That which is Waajib upon the Faqeer and not upon the
Ghani
3. That which is Waajib upon the Ghani and not upon the
Faqeer.
• In the case where it is Waajib upon both (i.e. the Ghani and
the Faqeer), it is when they have taken the Man’nat (vow) to
perform a sacrifice (Qurbani). In other words, they have said
that, It is upon me to do a Qurbani of a goat or cow for Allah,
or (by saying) I have to make the Qurbani (sacrifice) of this
cow or this goat.
• In the case where it is Waajib upon a Faqeer and not upon a
Ghani, is when a Faqeer purchased a an animal for the
purpose of sacrifice, so now the sacrifice of that animal is
Waajib upon him, and if a Ghani had to purchase it, then just
purchasing it does not make it Waajib upon him.
• In the case where it is Waajib upon the Ghani and not upon
the Faqeer, is when the sacrifice being Waajib upon him is
not due to him purchasing (the animal), or due to making a
Man’nat, but it is Waajib upon him as gratitude for the fact
that Almighty Allah has kept him alive, and for the sake of
keeping established (alive) the Sunnat of Hazrat Ibrahim  �

اا .This type is only Waajib upon the Ghani. [Alamgiri]12
Law: Qurbani is not Waajib upon a Musafir (i.e. a traveller). If a
Musafir performs the Qurbani, it is ‘Tataw-wa’ (i.e. Nafil – Optional).
If a Faqeer did not make a Man’nat or he did not purchase the animal
with the intention of Qurbani, then even his Qurbani (sacrifice) is
also regarded as Tataw-wa’ (optional). [Alamgiri]
Law: If a person was the owner of a goat and he made the intention
of sacrificing it (making Qurbani of it), or when purchasing it, he did
not have the intention of Qurbani, and only made the intention later,
then due to this Niyyat (intention) it does not make it Waajib.
[Alamgiri]
Law: These are the conditions for Qurbani to be Waajib
(compulsory);
1. Islam (in other words, one must be a Muslim). Qurbani
(Sacrifice) is not Waajib upon a non-Muslim.
2. Iqaamat (i.e. Resident), meaning the person must be a
Muqeem (resident) (i.e. a not a Musafir), as Qurbani is not
Waajib upon a Musafir.
3. He must be financially able, in other words he must be Malik
e Nisaab (meet the threshold). Here being financial able is
the same which causes Sadqa and Fitrah to becoming Waajib.
It does not refer to that which makes Zakaat Waajib.
4. Hurriyat, in other words, he must be a freeman (i.e. not a
slave). Qurbani is not Waajib upon one who is not a freeman,
for a slave does not have any wealth (financial means), so
‘Ibaadat e Maaliya’ (to fulfil acts of worship through financial
means) is not Waajib upon him.13
It is not a condition to be a male to do it (i.e. in order to perform
Qurbani). It is Waajib upon females just as it is Waajib upon males. As
to whether ‘Buloogh’ (i.e. having reached the age of puberty) is a
condition or not, is a matter in which there is a difference of
opinion. If it is regarded as Waajib upon a Na-Baaligh (i.e. one who
has not reached the age of puberty), then in this case will the
Qurbani be done from his own wealth or from the wealth of his
father? The evident meanings of text (Zaahir Al Riwaya) is this, that
neither is it personally Waajib upon the Na-Baaligh, nor is it Waajib
upon his father on his behalf, and the Fatawa (Decree) is based on
this this. [Durr e Mukhtar etc]
Law: Even though it (Qurbani) is not Waajib upon a Musafir, but if
he wishes to do it as Nafil (optional), he is permitted to do so, and he
will be rewarded for it. It is not Waajib upon those Musafirs who are
performing Hajj, but if he is a Muqeem (who is performing Hajj) then
it is Waajib upon him, such as in the case when those who live in
Makkah perform Hajj, so because they are not Musafir, it will be
Waajib upon them. [Durr e Mukhtar, Raddul Muhtar]
Law: For the conditions to be established at any given time is not
necessary, but it is sufficient for the conditions to be established
within at least some of the time (duration) which has been stipulated
for Qurbani. For example, if a person was an unbeliever in the initial
time (stipulated) for Qurbani, and then later he became a Muslim,
and there is still time remaining for Qurbani, then Qurbani is Waajib
upon him, if all the other conditions of Qurbani are also present.
Similarly, if a person was a slave and later was freed, then the ruling
for him is also the same. In the same way, if in the initial time (of
Qurbani) if he was a Musafir, and within the stipulated time (of
Qurbani) he became a Muqeem (i.e. resident), then Qurbani is now
also Waajib upon him; or in the case where a person was a Faqeer, 14
and within the stipulated time (of Qurbani) he acquired financial
means, then Qurbani is also Waajib upon him as well. [Alamgiri]
Law: The cause (i.e. reason) for Qurbani to become Waajib is the
time (i.e. stipulated time frame for Qurbani). When that time comes
and all the conditions of it becoming Waajib are present, the Qurbani
becomes Waajib, and the ‘Rukn’ (essential requirement) for it (i.e.
Qurbani), is to sacrifice any animal from the animals stipulated for
this purpose. To sacrifice (make Qurbani) of any other animal (which
has not been stipulated for this purpose), such as poultry (a bird,
fowl etc) with the Niyyat (intention) of Qurbani is not permissible.
[Durr e Mukhtar]
Law: That person who is the owner of 200 Dirhams or 20 Dinars, or
with the exception of Haajat-e-Asliyah (i.e. a person’s basic
essentials/expenses), he is the owner of such a thing, the value of
which is 200 Dirhams or 20 Dinars (i.e. equivalent to current Nisaab),
he is regarded as a ‘Ghani’ (financially able person), hence Qurbani is
Waajib upon him. Haajat-e-Asliyah, (refers to those things which a
person requires to live his life) such as a house; household
necessities; an animal for transport purposes (i.e. a mode of
transport); a servant, and clothes to wear. With the exception of
these, all other things are regarded as being over and above the basic
necessities. [Alamgiri etc]
Translator’s Note: 200 Dirhams or 20 Dinars used to be the
Nisaab threshold then, so wherever this is mentioned refers to the
current Nisaab threshold as per current calculations.
Law: If a person is in debt and if from his wealth, after that amount
is deducted, he will not be left with the Nisaab amount (Threshold),
then Qurbani is not Waajib upon him. If the wealth of a person is not 15
present with him, and he will only receive his wealth (finances) after
the days of Qurbani expire, Qurbani is not Waajib upon him.
[Alamgiri]
Law: If a person had with him 200 Dirhams, and when the year was
completed, he paid five Dirhams (i.e. 2.5%) from it as Zakaat, and was
now only left which 195 Dirhams, and the days of Qurbani came,
then (in this case), Qurbani is Waajib upon him. However, if he had
spent five Dirhams for the said of his basic necessities, then Qurbani
would not have been Waajib upon him. [Alamgiri]
Law: If a Malik-e-Nisaab purchased a goat for Qurbani, and it was
lost, and his wealth has become less than that of Nisaab, then when
the days of Qurbani come, then it is not necessary for him to
purchase another animal and then sacrifice it; but if that (lost) goat
was found during the (stipulated) days of Qurbani, and this person is
still not Malik-e-Nisaab, then the Qurbani of that goat is not Waajib
upon him. [Alamgiri]
Law: The Mahr (dowry) of a woman is still owed by her husband,
and the husband is financially able, then the woman will not be
regarded as being Malik-e-Nisaab on the basis of that (outstanding)
Mahr, even if it is Mahr e Mu’ajjal (i.e. prompt payment of Mahr).
With the exception of that, if the woman does not have sufficient
wealth which reaches the threshold of Nisaab, then Qurbani will not
be Waajib on her. [Alamgiri]
Law: If a person has in his possession a Mushaf Shareef (i.e. Qur’an e
Majeed) which is of the value of 200 Dirhams, then (in this case) if by
looking at it, he is able to recite (make Tilaawat) properly, then
Qurbani is not Waajib upon him (on the basis of owning a Mushaf
Shareef which equals the value of Nisaab), be this whether he recites 16
from it or not. If he cannot recite it properly by looking at it, then it
(the Qurbani) is Waajib upon him. The same ruling applies to Kitaabs
(Books), in other words, if they are of use to him, then Qurbani is not
Waajib upon him (due to having them in his possession), otherwise it
(the Qurbani) is Waajib upon him (if he has them but they are not of
any use to him). [Alamgiri]
Law: To have one house for the summer and one for the winter is
regarded as being from Haajat (i.e. necessity). With the exception of
this, if one has a third house, which is more than which he requires,
then if it is equal to 200 Dirhams (or more), then Qurbani is Waajib
upon him. Similarly, the bedding for summer and winter are from
basic necessities, and the third set of bedding which is over and
above the necessary requirement will be taken into consideration
(i.e. if these are equal to the value of Nisaab or more, then Qurbani is
Waajib upon him, and if not then it is not Waajib upon him). For a
soldier, two horses are regarded as within necessity, and the third
will be regarded as above the basic requirement. Weapons are
counted as being within the necessary requirements of a soldier. If
he has of each type, two weapons, then the second will be counted as
more than the necessary requirement. If the landlord (owner) of a
village (rural land) has one horse, it is counted as a necessary
requirement, and if he has two, then the second will be counted as
extra. Clothes which one wears at home, and clothes which one
wears for work, and clothes which one wears for Jummah and Eid,
and clothes which one wears for other occasions, are all counted as
being within necessary requirements. If with the exception of these
three (categories of clothing), if one has a fourth set of clothes which
is equal to 200 Dirhams (or more), then Qurbani becomes Waajib.
[Alamgiri, Raddul Muhtar]17
Law: If a person wishes to do Qurbani on behalf of his Baaligh sons
or his wife, he must take their permission. If he performed it on their
behalf without them asking him to do so, then their Waajib has not
been discharged. Even though it is not Waajib to perform it
(Qurbani) on behalf of a Na-Baaligh, but it is better (more virtuous)
to do it. [Alamgiri]
Law: The Ruling for Qurbani is that, by one performing the Qurbani
which is Waajib upon him, he becomes absolved of this
responsibility. If he performed it with a pure intention and there is
no Riya (showiness) etc. in him doing this, then he should have hope
in the Grace of Allah, of receiving its reward in the hereafter. [Durr e
Mukhtar etc.]
Law: It is not necessary to perform the Qurbani only on the 10th (of
Zil-Hijjah). One has room to perform it during any of the stipulated
days whenever he wishes to. Hence, if he did not have the capability
to perform it in the beginning time because the conditions which
make it Waajib were not applicable to him, but in the end time, if he
became capable of performing it, in other words the conditions
which make it waajib became applicable to him, then it (Qurbani) has
become Waajib upon him. If in the beginning it was Waajib upon
him, and he has not as yet performed it, and in the end time, the
conditions did not remain established, then it is not Waajib any
longer. [Alamgiri]
Law: If a person was a Faqeer, but he still performed Qurbani. After
that, there was still time remaining for Qurbani and he became
Ghani (i.e. he reached the threshold of Nisaab), then he should
perform the Qurbani again, because the one which he initially did
was not Waajib, and now it is Waajib. Some Ulama have said that the
initial Qurbani is sufficient. If a person, even though he was Malik-e-18
Nisaab, did not perform the Qurbani, and after the time expired, he
became a Faqeer, it is Waajib upon him to give as Sadaqa the value
(amount) for the price of a goat. In other words, even though the
time has expired, the Qurbani is not regarded as being a cause to
lapse. If a Malik-e-Nisaab dies within those days without performing
Qurbani, his Qurbani is caused to lapse. [Alamgiri, Durr e Mukhtar]
Law: At the time (i.e. During the Days stipulated for Qurbani), to
perform the Qurbani is Waajib. Nothing can be regarded as a
substitute to it. For example, instead of Qurbani, if he gave a goat or
its value in Sadaqa, it is insufficient. However, to nominate someone
else to fulfil it is allowed. In other words, you do not have to do it by
yourself, but you may permit someone else to do it on your behalf, as
this is allowed, and if he does it, it is counted. [Alamgiri]
Law: When the aforementioned conditions of Qurbani are
established, then to make Qurbani (sacrifice) a goat (i.e. goat, sheep
etc) or to take a share in the seven shares of a camel or cow is
Waajib. To take less than a seventh of the share (in a cow or camel
etc) is not valid. Actually, if in a cow or camel if any one of the
shareholders has less than one seventh share in it, none of the seven
persons Qurbani is discharged. In other words, even the Qurbani of
the one who has a full seventh share or more will not be discharged.
One may take more than a one seventh share, in a camel or cow. For
example, if one cow is made Qurbani on behalf of six, five or four
persons, it is allowed. It is not necessary that all the shares of the
partners should be equal, but it can be more or less as well. However,
it is necessary that the share of the one, who has a lesser share,
should not be less than one seventh. [Durr e Mukhtar, Raddul
Muhtar]19
Law: If five people made the Qurbani of five cows, then this is also
allowed, because in every cow, each person has received a one
seventh share. If eight people on the basis of equal shares, partnered
in five or six cows, then this is impermissible, as each will receive
less than one seventh share. If seven people partnered together to
do seven goats, in other words, each one has a one seventh share in
each goat, then ‘Istihsanan’ (i.e. based on Juristic preference &
Discretion, in other words on the basis of it being regarded as
something good) the Qurbani will be done. In other words, one full
goat will be allocated for each person. Similarly, if two people did
Qurbani of two goats together, then as ‘Istihsan’ (i.e. on Juristic
Preference & Discretion) the Qurbani of each person will be valid.
[Durr e Mukhtar]
Law: If Qurbani was done of a cow in partnership, then it is
necessary to weigh the meat and share it. It should not be shared by
estimating, because it is possible that someone will get more whilst
someone else will get less, and this is not permissible. Here it should
not be thought that if it is more, or less, then each one will make it
permissible for the other. In other words, he will say, if anyone got
more, then I have pardoned it; because here it being regarded
impermissible is the Right (stipulation) of the Shariah, and hence,
one does not have the right to pardon it. [Durr e Mukhtar, Raddul
Muhtar]
Law: The Time for Qurbani is from the rising of Subho Saadiq of the
10th of Zil-Hijjah until the setting of the sun on the 12th of Zil-Hijjah.
In other words, three days and two nights, and these days are known
as the ‘Ayam e Nahar’ (i.e. the days of sacrifice). The three days from
the 11th until the 13th are known as the ‘Days of Tashreeq’. So, the
middle two days are both the days of Nahar and days of Tashreeq,
and the first day, in other words, the 10th of Zil-Hijjah is only the Day 20
of Nahar, and the last day, meaning the 13th of Zil-Hijjah is only the
day of Tashreeq. [Durr e Mukhtar etc]
Law: The two nights after the 10th are included in the Days of
Nahar. Qurbani can also be done in them, but to make Zibah
(slaughter) at night is Makruh. [Alamgiri]
Law: The first day, in other words the 10th is the most exalted (i.e.
the best day to perform Qurbani), followed by the 11th and then the
last day, being the 12th is of the least level (of all three days). If there
is a doubt in the dates, whereby it was taken as the moon of the 30th
but there is a doubt that it could have been of the 29th, for example; if
one assumed that the moon will be sighted on the 29th but due to it
being overcast etc it was not seen, or if the Shahaadat was presented
by was not accepted for some reason, so in such a situation and due
to this, there is a doubt concerning the 10th that probably today is
the 11th, then it is best not to delay the Qurbani (sacrifice) until the
12th. In other words, it should be done before the 12th because one
will have a doubt regarding the 12th being the 13th, and this doubt
will be there that it was done after the (stipulated) date. In this
situation if one performed the Qurbani on the 12th concerning which
doubts that it could be the 13th, then it is best to give out all the meat
as Sadaqa. Actually if there is a disparity in the price of the sacrificed
goat and a live goat, that the live goat is more expensive, then the
extra amount should also be given as Sadaqa. [Alamgiri]
Law: During the days of Nahr, to perform Qurbani is greater (more
virtuous) than giving that amount (of money) in Sadaqa (on those
days), because Qurbani is Waajib or Sunnat and to do Sadaqa is
merely optional. Thus, Qurbani is more virtuous. [Alamgiri] In the
case of it being compulsory, without doing the Qurbani, one cannot
fulfil this responsibility. 21
Law: If Qurbani is performed in the city (town), the condition is
that it should be after the Namaaz has been done. Thus, Qurbani
cannot be done in a city (or town) before Eid Namaaz, and in a rural
area because there is (actually) no Eid Namaaz there, Qurbani can be
done here immediately after the commencement of Fajr. It is
however better in the rural areas to perform the Qurbani after
sunrise. In a city it is better to perform the Qurbani after the
Khutbah of Eid has been completed. [Alamgiri] In other words, if the
Namaaz has been completed and the Khutbah has not been delivered
as yet, then in this case the Qurbani (which is done) is valid, but to
do this is Makruh.
Law: The difference which is being mentioned concerning a city
and a rural area is on the basis of the place of Qurbani, and not on
the basis of the person who is doing the Qurbani. In other words, if
the Qurbani is done in a rural area, then this is the time for it, even if
the one whose Qurbani is being done (there) is in the city, and if it is
done in a city, then it should be after Eid Namaaz, even though the
one whose Qurbani is being done (there), is in the rural area.
Therefore, if a person living in a city wishes for his Qurbani to be
done early in the morning before Namaaz, he should send his animal
to the rural area (to be sacrificed). [Durr e Mukhtar]
Law: If in one city Eid Namaaz takes place at many places, then
Qurbani is permissible to do after the first Eid Namaaz has been
done. It is not necessary that the Namaaz should happen at the Eid
Gah and then only can Qurbani be done, but no matter if it has been
done at any Masjid (i.e. Sunni Masjid), and even if has not happened
at Eid Gah as yet, it (Qurbani) can be done. [Durr e Mukhtar, Raddul
Muhtar]22
Law: If on the tenth (for some reason) the Eid Namaaz did not take
place, then for Qurbani (to be valid), it is necessary that the time for
Namaaz should expire. In other words, the time of Zawaal should
come. Now, the Qurbani can be done, and on the second or third day,
it can be done before the Eid Namaaz. [Durr e Mukhtar]
Law: Since Eid Namaaz does not take place in Mina, therefore those
who wish to do Qurbani there, are permitted to do so from after the
commencement of Fajr. The ruling there is the same as that which is
applicable in a rural area. If in any city Eid Namaaz does not take
place due to some sort of strife (fitna), then there on the morning of
the 10th after the commencement of Fajr, the Qurbani can be done.
[Durr e Mukhtar, Raddul Muhtar]
Law: If the Imam is still in Namaaz, and someone made Zibah
(slaughtered the animal), even if the Imam was in the Qaadah, and
he has already sat for Tashahud, but he has not turned the Salaam as
yet, the Qurbani will not be done. If the Imam has turned Salaam the
first Salaam and still needed to turn the second Salaam and someone
made Zibah (slaughtered the animal), the Qurbani is valid, but it was
better to perform the Qurbani after the Imam has completed the
Khutbah. [Alamgiri]
Law: The Qurbani was done after the Imam performed the Namaaz,
but then later one came to know that the Imam had performed
Namaaz without Wudu, the Namaaz should be repeated, but there is
no need to repeat the Qurbani. [Durr e Mukhtar]
Law: One was under the impression that today is the day of Arafa
(i.e. the 9th of Zil-Hijjah), and someone did Qurbani after the sun
descends from Zawaal, but then they realised it was not the Day of
Arafa, but it was the 10th, then (in this case) the Qurbani was valid. 23
Similarly, if one the 10th, Qurbani was done before the Eid Namaaz,
but then one came to know that it was not the 10th, but it was the
11th, then even his Qurbani is valid. [Alamgiri]
Law: Concerning the 9th (of Zil-Hijjah) some people testified to it
being the 10th (of Zil-Hijjah), and on the basis of this, Namaaz was
performed and Qurbani was done. Thereafter it was ascertained that
the testimony was incorrect, and it was in fact the 9th (of Zil-Hijjah),
then (in this case) the Namaaz and the Qurbani will be regarded as
done. [Durr e Mukhtar]
Law: (If) the Days of Nahr have passed and the one on whom
Qurbani was Waajib, did not discharge his Qurbani, then the Qurbani
has lapsed, can now it cannot be done, but if he had already set aside
an animal for Qurbani, for example; he had taken a Man’nat to make
Qurbani of a particular animal, then be this person a Ghani or a
Faqeer, in any condition, he will have to give the animal away alive
as a Sadaqa. If he has slaughtered it (after the days of Nahr), then he
must give all the meat away as Sadaqa. He should not eat anything
from it. If has eaten some of it, then he should give the cost of
whatever amount he has eaten as Sadaqa. If the price of the
slaughtered animal is bit less than the live animal, then whatever
amount is less, he should give that as Sadaqa as well. If a Faqeer
purchased an animal with the intention of Qurbani and the days of
Qurbani have expired, then because the Qurbani of that particular
animal is also Waajib upon him, therefore he should give the live
animal as Sadaqa, and if he slaughtered it already, then the rule is
the same as mentioned above in the case of the Man’nat. This ruling
is only in the case if he specifically purchased it for Qurbani. If he
already had an animal in his possession from before, and he made
the Niyyat of making Qurbani of it, or if he only made the Niyyat of
Qurbani after purchasing it, then it will not be Waajib upon him (in 24
such a situation) to sacrifice it. If a Ghani purchased an animal for
the purpose of Qurbani, then he should give the same animal away as
Sadaqa, and if he slaughtered it, then ruling is the same which has
been mentioned above. If he has not purchased it as yet, he should
give as Sadaqa the price of the goat. [Durr e Mukhtar, Raddul
Muhtar, Alamgiri]
Law: If the days of Qurbani have passed and neither did he perform
the Qurbani, nor did he give the animal or its price in Sadaqa, until
the next Baqr Eid (Eid ul Adha) arrived, and he now wishes to do the
Qaza of last year’s Qurbani in this year, then this cannot be done.
Even now, the ruling (for the past Qurbani) is the same. In other
word, he must give the animal or its price as Sadaqa. [Alamgiri]
Law: If one sold the animal which was to be made Qurbani, after the
days of Qurbani have passed, then (in this case) it is Waajib upon him
to give the Sadaqa of that amount which he acquired is Waajib.
[Alamgiri]
Law: If someone made a bequest that Qurbani should be done on his
behalf, but neither did he stipulate which animal should be
sacrificed; whether it should be a cow or a goat, and nor did he
stipulate the price, that the animal should be purchased for such and
such price and should be sacrificed. This bequest is permissible and
slaughtering a goat will fulfill this bequest. If someone was appointed
as the Wakeel (representative) that you should do the Qurbani on my
behalf, and in doing so, he did not stipulate whether it should be a
cow or a goat, and he did not even mention the price, then this
an appointment is improper. [Alamgiri]
Law: If one took a Man’nat of performing Qurbani, but did not
stipulate whether he will do the Qurbani of a cow or a goat, then the 25
Man’nat is (still) proper. To do the Qurbani of a goat is sufficient. If
one took a Man’nat of making Qurbani of a goat, then even if he
makes Qurbani of a camel or cow, it will be valid. One should not eat
anything from the Qurbani of a Man’nat, but all the meat etc should
be given as Sadaqa, and if one ate anything from it, then whatever he
has eaten, he should give the value of it as Sadaqa. [Alamgiri]
The Qurbani Animal
Law: The Qurbani Animal is of three types
1. Camel
2. Cow (i.e. cattle)
3. Goat In this category are all the different species related to
it, be it male, female, castrated, non-castrated. The ruling for
all is the same. Water-Buffalo falls within the category of a
Cow. It can also be sacrificed. Sheep and fat-tailed sheep fall
within the category of goats. They too can be used for
Qurbani. [Alamgiri etc]
Law: Wild animals such as white antelope and deer cannot be
sacrificed as Qurbani. If a baby (animal) was born after a wild animal
mated with a tame animal, in other words, a cross between a buck
and a female goat, then in this case consideration is given to the
mother. In other words, if the baby’s mother is a goat, then it is
permissible (for Qurbani). If a baby was born from a goat and a doe,
then it is impermissible (for Qurbani). [Alamgiri]26
Law: This should be the age of the Qurbani animal;
1. Camel – Five years
2. Cow (Cattle) – Two years
3. Goat (sheep etc) One year
It they are younger than these stipulated ages, then their Qurbani is
impermissible. It they are older it is permissible, and actually that is
better. However, if the baby of a sheep or a fat-tailed sheep is of such
a size that by looking at it from a distance it looks like a one year old,
then to make Qurbani of it is permissible. [Durr e Mukhtar]
Law: If the price and meat of a goat is equivalent to that of one
seventh of cow, then to sacrifice a goat is more virtuous, and if in the
one seventh of a cow, there is more meat than a goat, the Qurbani of
the cow is more virtuous. In other words, if both are of the same
price, and the weight (quantity) is also the same, then the one whose
meat is better is more virtuous. If there is a difference in the
quantity of the meat, then the one which has more meat is better. A
ram is better than a sheep and fat-tailed ram is better than a fattailed ewe, if both their prices are the same, and the quantity of the
meat from both is the same. A female goat (i.e. a nanny) is better
than a male goat (i.e. Billy), and female camel is better than a male
camel, and a cow is better than an ox (or bull), whereas they are
equal in price and meat. [Durr e Mukhtar, Raddul Muhtar]
Law: The Qurbani animal must be free from defects, and if it has a
very slight defect, then it will be permissible for Qurbani, but it is 27
still Makruh, and if it has a severe defect, then the Qurbani will not
be done at all. The Qurbani of an animal which does not have horns
from birth, is permissible, but if it had horns and they broke off, and
it is broken upto the base (of the horn), then it is impermissible (for
Qurbani), and if it is broken off less than this, then it is permissible. If
an animal is insane and it is to the level that it does not even graze,
then its Qurbani is impermissible, and if it has not reached this level,
then (it’s Qurbani) is permissible. The Qurbani of a castrated animal,
in other words, one who has been sterilized (testicles have been
removed), or an animal which is ‘Majbub’ i.e. it has been castrated
and its penis has also been cut-off, is permissible. The Qurbani of
such an old animal that cannot bear children, or a branded animal,
or an animal whose milk does not fill up, are all permissible for
Qurbani. Qurbani of animals which have mangy scab (such as sheep
scab) is permissible, as long as they are fat and healthy, and if they
are so weak that they have no marrow in their bones anymore, then
their Qurbani is impermissible. [Durr e Mukhtar, Raddul Muhtar,
Alamgiri]
Law: The Qurbani of a cross-eyed animal is permissible. Qurbani of
a blind animal is impermissible, and the Qurbani of a one eyed
(squint) animal whose one eyed-ness is visibly obvious is not
permissible.
The Qurbani of all the following animals is impermissible;
• An animal which is so weak, that it has no marrow in its
bones
• A lame animal which cannot go to the slaughter area on its
own legs28
• A sick animal whose sickness is visibly evident
• An animal whose ear, tail or short flat tail is cut. In other
words, more than one third of that part is cut off.
If the ear or tail or the short flat tail, is cut off one third or less than
that, then it is permissible (for Qurbani). The Qurbani of an animal
which does not have ears from birth, or an animal that does not have
one ear, is impermissible. The Qurbani of an animal which has small
ears is permissible. The Qurbani of an animal whose vision is gone
more than one third, is also impermissible. If vision in both eyes of
the animal are less, then it is something which is easy to recognise,
but if it has low vision in only one eye, then the manner in which to
ascertain this, is to keep the animal hungry for a day or two, then a
patch should be placed over the eye which has less vision, and the
good eye should be left open, and the fodder should be kept so far
away from the animal, where it is unable to see it. The fodder should
then be brought closer, until it is at a distance where it is able to see
the fodder. Place a marker at this spot, and place a patch over the
good eye and open the other eye, and continue bringing the fodder
closer, until it is able to see it with that eye. Now place marker here
as well. Now measure both the places, if this area is one third less
than the first area, then it can be noted that the vision is one third
less, and if it is (less by) half, then it can be noted that compared to
the good eye, the vision in this eye is half less than the first eye.
[Hidaya, Durr e Mukhtar, Alamgiri]
Law: The Qurbani of an animal which has no teeth (i.e. it is not
capable of eating grass), and an animal whose udder is cut off, or it is
dry, is impermissible. In a female goat (ewe), just one of the udders
being dry is sufficient to render it impermissible for Qurbani. In a
cow or water-buffalo, it is regarded impermissible (for Qurbani) if 29
both are dry. The Qurbani of an animal whose nose is cut off, or an
animal whose milk has been dried by way of some treatment, and an
animal which has signs of both male and female organs, and a
‘Jallaala’ animal, i.e. an animal which eats impurity, are all
impermissible. [Durr e Mukhtar]
Law: If the wool of a sheep or fat-tailed sheep has been sheered, its
Qurbani is (still) permissible. The Qurbani of an animal, whose one
leg has been cut off, is impermissible. [Alamgiri]
Law: When the animal was purchased, it did not have any such
defect which would render it impermissible for Qurbani, but that
defect occurred afterwards, then (in this case) if the person is a
Malik-e-Nisaab, he should do Qurbani of another animal, and if he is
not a Malik-e-Nisaab, then he may do Qurbani of the same animal.
This applies when the Faqeer has not already made it Waajib upon
himself to do the Qurbani, and if he took a Man’nat that he will do
the Qurbani of a goat, and he purchased a goat to fulfil this Man’nat,
and at the time of purchase there was no such defect evident in the
goat, and the defect later occurred, then in this case, the same rule
applies to a Faqeer as well, in other words, he should make the
Qurbani of another animal. [Hidaya, Raddul Muhtar]
Law: When the Faqeer purchase an animal, it already had such a
defect which renders it impermissible for Qurbani, and that defect
remained until the time of Qurbani, then (in such a case) he may
perform Qurbani of that animal. If a Ghani buys a defective animal
and if he then makes Qurbani of the defective animal, this is
impermissible. If an animal with a defect was purchased but later on
this defect did remain any more, then the Qurbani of such an animal
is permissible for both, a Ghani and a Faqeer. For example; If he
purchased such a weak animal which is impermissible for Qurbani, 30
and the animal became fat and healthy at his place (i.e. at his home),
then even a Ghani can use it for Qurbani. [Durr e Mukhtar, Raddul
Muhtar]
Law: If whilst doing the Qurbani (i.e. slaughtering), the animal
jumped, which caused a defect, then such a defect is not a hindrance.
In other words, the Qurbani will be valid. If whilst jumping around, a
defect was caused, and it became free and ran away, and if it was
caught immediately and brought back and made Zibah, then the
Qurbani will still be valid. [Durr e Mukhtar, Raddul Muhtar]
Law: If a Qurbani animal dies, then it is necessary for the Ghani to
make the Qurbani of another animal, and another animal is not
waajib upon the Faqeer. If the Qurbani animal is lost or was stolen,
and another animal was purchased to replace it, and now that
animal has been recovered, then the Ghani has a choice of doing
Qurbani of whichever one of the two he wishes to, and it is Waajib
upon the Faqeer to make Qurbani of both of them. [Durr e Mukhtar]
If the Ghani made Qurbani of the first animal, then even if it is lesser
in price of the second animal, there is no objection. If he made the
Qurbani of the second animal and it is lesser in price than the first
animal, then whatever amount is less, he must give that amount
away as Sadaqa. However, if he sacrificed the first one as well, then
now he does not have to give that in Sadaqa. [Raddul Muhtar]31
Partnership (shares) in
A Qurbani Animal
Law: If seven people bought a cow (together) for Qurbani, and one
of them passed away, and the heirs of that person said to the
partners (in the cow) that, you may make Qurbani of the cow on
yours and his behalf, and if they did this, then all their Qurbani is
done. However, if the partners performed the Qurbani without
taking the permission of his (the deceased’s) heirs, then none of
their Qurbani was done. [Hidaya]
Law: If among the partners in the cow, one is an unbeliever, or one
of the partners has not intended Qurbani, but his aim is to merely
acquire the meat, then in this case none of their Qurbani is done; but
if from among the partners, there is a slave or a Mudab’bir, then (in
this case as well) the Qurbani will not be valid, because even if they
do make the Niyyat of Qurbani, this Niyyat is not proper. [Durr e
Mukhtar, Raddul Muhtar]
Translator’s Note: A Mudab’bir refers to slave released by
his master, whereby he declares that he should only be free after his
death.
Law: If from the partners, one of them intends Qurbani for the
current year and the others intended Qurbani for the previous year,
then the Qurbani of the one who has intended Qurbani for this year
will be valid, and the Niyyat of the others is void, because the
Qurbani of the previous year, cannot be done in this current year.
The Qurbani of the others is Tataw‘wa, in other words, it is regarded
a Nafil (optional), and it is necessary upon them to give the meat
away as Sadaqa. Rather, their companion whose Qurbani was valid,
should also give all the meat away as Sadaqa. [Raddul Muhtar]32
Law: All the partners in the Qurbani should have the Niyyat of
Taqar’rub (i.e. to fulfil that which is the Right of Allah). In other
words, none of their intention should be for the meat. It is also not
necessary that this Taqar’rub should be of one particular type, for
example; it is not necessary that all are intending Qurbani, but if
they intend different types of Taqar’rub, be it if this Taqar’rub is
waajib upon all of them or just upon some of them, or even if it is not
Waajib upon some. In all cases the Qurbani will be valid. For
example; if one is doing it as Dum of Ihsar (i.e. Dum done from being
prevented from completing Hajj or Umrah), or for the penalty for
hunting in the state of Ehraam, or if Dum has become Waajib due to
removing the hair (in a state of Ehraam), or the Dum of the Tamut’tu
(Hajj) or the Qiraan (Hajj), then in all these cases, one may partner
with all of them in Qurbani. Similarly, those doing Qurbani and
Aqeeqah can also partner, because Qurbani is also a form of
Taqar’rub. [Raddul Muhtar]
Law: If three people purchased animals. If one purchased it for ten
and another for twenty and the third for thirty, and the Waajib price
also of what each one purchased it for, is also the same. Now, all
three animals have become mixed together and it cannot be
ascertained as to which animal belongs to whom. Then, all of them
agreed that each will do one animal, so they did accordingly, so (in
this case) all their Qurbani has been done, but the one who bought
his animal for 30 Rupees, will give 20 Rupees as Khayraat (charity),
because there is a possibility that he did Qurbani of the animal which
was worth 10 Rupees, and the one who purchased the animal for 20
Rupees, should give 10 Rupees as Khayraat, and as for the person
who purchased the animal for 10 Rupees, it is not Waajib upon him
to give anything as Sadaqa; and if each gave the other the permission
to make Zibah, then the Qurbani will be done, and nothing will be
Waajib upon them (to pay). [Durr e Mukhtar]33
Some Mustahab Practises
In Qurbani
Law: It is Mustahab (desirable/recommended) that the Qurbani
animal should be well built (fat), good looking and big, and if one
wishes to do Qurbani from the species of goats, then a horned,
castrated ram which is a mixture of white and black (in colour) is
best, because it is mentioned in the Hadith Shareef that such a ram
was sacrificed by the Beloved Nabi صلى الله عليه وسلم] .Alamgiri]
Law: Before performing Zibah, the knife should be sharpened. After
the Zibah (slaughtering), until the animal is not cold (i.e. completely
dead), and until its entire body does not become lifeless, neither
should its fore and hind legs be cut off, nor should its skin be
removed.
It is best to perform your Qurbani with your own hands, if you are
well acquainted with the manner of making Zibah. If you are not well
acquainted with the manner of making Zibah, then you should
authorise someone else to do the Zibah, but in this case it is better
for you to be present there.
It is mentioned in the Hadith Shareef that Rasoolullah صلى الله عليه وسلم said to
Hazrat Faatima Zahra Radi Allahu Anh Stand-up, and come near your
Qurbani (animal), for when its first drop of blood is spilt, any sin that
has been committed, all will be forgiven.
On hearing this, Hazrat Abu Sa’eed Al Khudri ؓ◌ said, Ya Nabi’Allah
صلى الله عليه وسلم !It this specific for your family, or is it for your family and the
Muslims in general. He صلى الله عليه وسلم said, It is specific to my family, and
general for all the Muslims as well. [Alamgiri, Zail’i, Shalbiyah]34
Law: The Qurbani animal must be slaughtered by a Muslim. If the
Qurbani animal was slaughtered by a fire-worshipper or any other
mushrik (polytheist), the Qurbani will not be done, but the animal
will be regarded as Haraam and carrion.
To get a Kitaabi (person of the Book) to slaughter the animal is
Makruh, and Qurbani is done for the pleasure and closeness to Allah,
and assistance should not be taken from an unbeliever in this. In
fact, according to some of the A’ima (Great Imams) even in this case
the Qurbani will not be done, but (the ruling of) our Madhab is the
initial one, that it will be done but it is Makruh. [Zail’i, Shalbiyah]
Translator’s Note Concerning the
Zabiha of the Ahle Kitaab
(People of the Book)
According to the Holy Qur’an and Hadith, only the Yahud (Jews) and
Nasaara (Christians) are referred to as the ‘People of the Book’. With
the exception of them, no kaafir in the world can claim to have
brought Imaan on any Book or Nabi of Almighty Allah. There has
been a difference of opinion amongst the Ulama on whether their
Zabiha (animal sacrificed by them) is Halaal or not.
Most of the Masha’ikh (Learned Scholars) declared their Zabiha as
Haraam, whereas a few of them have declared their Zabiha to be
Halaal. The former view is the principle of the Hanafi Madhab and
the proof pertaining is stronger in this argument. Imam ibn
Humaam has stated in ‘Fathul Qadeer’: ‘Except in the case of extreme
necessity, the Zabiha of the Ahle Kitaab should not be consumed.’
It is stated in ‘Majma-ul-Anhur’ as follows: ‘The Christians of our
present day and age openly declare Hazrat Esa  the son of Allah 35
and we have no dire need for their Zabiha, thus to avoid (their
Zabiha) is Waajib (Compulsory). Since the Ulama have difference of
opinion concerning their Zabiha and because there is no consensus
in this regard, it will be regarded as forbidden to eat.’
The difference of opinion of the Ulama is on this condition that the
slaughter should be in accordance with the conditions of Zibah,
meaning that all the necessary vessels should be severed and that
the Zibah must be made only and only in the Name of Allah. Even the
Zabiha of a Muslim will not be regarded as being Halaal if he does
not adhere to the proper conditions of Islamic Zibah. How then will
the Zabiha of the Christians be considered as Halaal?
The Zibah of the Christians has not been in accordance with the
Shariah for years, since they neither say Takbeer nor do they
slaughter it in accordance with the laws of Zibah. Actually, they
usually consume the Zabiha of Muslims. They either strangle the
poultry and birds or stab a knife through the neck of the sheep, thus
not allowing the prescribed vessels to be severed. This makes their
Zibah unacceptable.
It is in ‘Fatawa Qazi Khan’ as follows: ‘Christians do not make Zibah
but they either strangle the animal or they consume the Zabiha of
Muslims.’
Aala Hazrat ؓ◌quoted his personal experience as follows:
‘In Zil-Qaadah, 1295 A.H. I saw a ram on board the ship which
belonged to a Christian from Samur. He was selling the ram for 40
Rupees. I desired to eat meat and thus requested to purchase the
animal in cash. He refused to sell the animal to me but said that I
should purchase the meat after Zibah. When slaughtering, he 36
stabbed the knife through one side of the neck not even allowing the
required vessels to be severed. I then said that this meat was now as
bad as swine and was not good enough for our consumption.’
[Fatawa Razviyah, Vol. 8, page 331]
Thus the Zabiha of Christians of the present age are lacking in this
regard, thereby making their Zabiha totally Haraam. As for the Jews,
they to leave out the Takbeer and change the method of Zibah, thus
even their Zabiha is Haraam. If there is no dire need for the
consumption of meat then it is definitely Makruh to consume their
Zabiha. Another reason for their Zabiha to be Haraam is that many
Christians of this age have either become Mulhid (heretics/atheists)
or Communists. For further detail, peruse Fatawa Razviyah volume 8,
pages 329-331.
The above footnote has been extracted from the book, ‘The Law of
Shariah Regarding Mechanical Slaughter’ written by the son and
true successor of Qadi Sadrush Shariah, Huzoor Muhad’dith-eKabeer Hazrat Allama Zia ul Mustafa Qaadiri Amjadi Qibla. It must
thus be noted that the Jews and Christians of today are not truly
regarded as being Ahle Kitaab, so the ruling in regards to their
Zabiha, and Nikah etc. with them is not currently applicable. 37
The Meat and Skin of
A Qurbani Animal
Law: One may himself eat the Qurbani meat and he may also give
this meat to a Ghani or a Faqeer. Actually for the person doing the
Qurbani to eat some of it is Mustahab. It is however better to make
three shares of the meat; one share for the needy, one share for
friends and relatives and one share for your family members. Less
than one third should not be given as Sadaqa (if you wish to give it as
Sadaqa). If you give away all of it as Sadaqa, it is also permissible, and
you keep all of it for your house, is also permissible. It is even
permissible to keep it for your own consumption and for the
consumption of your family for more than three days, as for those
Ahadith in which this has been disapproved, that (rule) is now
inapplicable. If a person has a large family and he is not financially
very strong, it is best for him to keep all of the meat for himself and
his family. [Alamgiri]
Law: The Qurbani meat should not be given to unbelievers as the
unbelievers here are ‘Harbi’.
Law: If the Qurbani was done as a Man’nat, then neither can you eat
it personally and nor can it be given to those who are Ghani
(financially able), but it is actually Waajib to give all away as Sadaqa,
be this whether the one who took the Man’nat is a Faqeer or a Ghani.
The ruling concerning both is the same, that neither can they
consume it personally nor can they feed it to a Ghani. [Zail’i]
Law: If Qurbani was done on behalf of a deceased, then the ruling is
also the same regarding its meat. In other words, you may personally
eat from it, and give it to friends and relatives, and even to the
needy. There is no need to give all away only to the needy, because 38
the meat is actually his belonging (i.e. of the person who is doing the
Qurbani) and he may do whatever he wishes with it. However, if a
deceased had said (before passing away) that Qurbani should be done
on his behalf, then one should not eat anything from this, but all of
the meat should be made Sadaqa. [Raddul Muhtar]
Law: The skin of Qurbani and its covering and rope and if a garland
was put on its neck, then that garland with everything else must be
given as Sadaqa. One may use the skin of the Qurbani for himself, in
other words he can preserve it, and use it for any of his work, for
example; he may make a prayer mat (i.e. a Musalla) with it. He may
even use it to make a strainer, a bag, a leathern water jug, an eating
mat, or a bucket etc. He may also use it to make the cover of a Kitaab.
He may use it for all of these things. [Durr e Mukhtar] If he makes a
bucket from the skin, then it must be for personal use and cannot be
given in lieu of payment, and if he has done so, then he must give
that money away as Sadaqa. [Raddul Muhtar]
Law: He may exchange the skin of the Qurbani for something which
he will keep, but still benefit from it, such as a Kitaab. He cannot
change it for something which can only be benefitted from by
devouring (finishing it), such as bread, meat, vinegar, money and
coins etc. If he has received any of these things in payment for the
skin, then he must give them away as Sadaqa. [Durr e Mukhtar]
Law: If the skin of Qurbani was sold in lieu of money, but it was not
so that he may use it personally or for his children and family, but he
did so, in order to give it away as Sadaqa, then to do so is
permissible. [Alamgiri] Similar to nowadays, where many people
give the skin away to the Deeni Madrassas, and sometimes it
becomes difficult to sell the skin there, so they sell the skin and then
send the money to the Madrassa, or if it needs to be given to many 39
people, so then it is sold and its amount is distributed amongst the
needy. This kind of transaction is permissible. There is no objection
to this. The Hadith which mentions this to be forbidden is if it is sold
and the money is used for personal gain.
Law: The same rule applies to the meat, which applies to the skin.
In other words if it is sold in lieu of something which can only be
benefitted from after devouring (finishing it), then that thing should
be given as Sadaqa. [Hidaya]
Law: The rule concerning the fat from the Qurbani animal, and its
head and trotters, and its wool, and its milk which was milked out
after it was made Zibah, is the same. In other words, words if it is
sold in lieu of something which can only be benefitted from after
devouring (finishing it), then that thing should be given as Sadaqa.
[Alamgiri]
Law: The skin or the meat of the Qurbani animal cannot be given as
payment to the butcher or to the slaughterer, because to give this as
payment, is the same as selling it. [Hidaya]
Law: If it was given to the butcher just as you give to other
Muslims, and not as payment, and if you give something else from
your side as a payment to him, then this is permissible.
Law: If some wool was sheered from a sheep as a sign (to recognise
it etc), then to throw away that wool or gift it to someone is not
permissible. Rather, it must be given as Sadaqa. [Alamgiri]40
About Benefitting from the Qurbani
Animal before Zibah
Law: To sheer the hair (or wool etc) of the Qurbani animal for your
own use, before the Qurbani, or to milk it, is Makruh and not
allowed. To ride on a Qurbani animal, or to load something on it, or
to rent it out for payment, in other words, to take any such benefit
from it is disallowed. If its wool has been sheered or it has been
milked, it should be given away as Sadaqa, and if the animal was
rented out for a payment, then this amount must be given as Sadaqa.
If one personally sat on the animal or loaded something on it, and
due to this there is some weakness in the animal (i.e. in weight etc)
then something should be given equal to that amount (weight) as
Sadaqa. [Durr e Mukhtar, Raddul Muhtar]
Law: If the animal is one that gives milk, then cold water should be
poured on its udder so that the milk may dry up. If this does not
work, then the animal should be milked, and the milk should be
given as Sadaqa. [Alamgiri]
Law: If the animal has already been slaughtered, then now its hair
(wool) can be kept for your personal use, and if there is milk in its
udder, it can milked, because the objective has now been fulfilled. It
is now belonging to him, and he may now utilise it for himself.
[Alamgiri]
Law: If an animal was purchased for Qurbani but before doing the
Qurbani it gave birth, then the lamb should also be sacrificed. If the
lamb was sold, then its payment must be given as Sadaqa, and if it
was neither made Zibah nor sold, and the days of Nahr (sacrifice) has
passed, then it must be given alive as Sadaqa, and if he did not do
anything and the lamb remained with him, and the time of Qurbani 41
came again, and he now wishes to make it Zibah as Qurbani for the
current year, then he cannot do this. If he still made Qurbani of this
lamb, then he should make Qurbani again, because that Qurbani was
not valid, and that lamb which he made Zibah must be given as
Sadaqa, and whatever of its value has depreciated by Zibah, should
also be given as Sadaqa. [Alamgiri]
Law: If Qurbani was done and a live foetus was found in stomach,
then this too should be made Zibah, and it should be utilised, and if a
dead one was found in the stomach then it should be discarded, as it
is regarded as carrion.
Slaughtering the Qurbani Animal
Of someone else without Permission
Law: If by error two people slaughtered the goat (or sheep etc) of
each other, in other words each person made Zibah of the other
persons animal by error thinking of it as his animal, so the Qurbani
of the person whose goat it was is valid and since both of them did
this, then both their Qurbani is valid. In this case neither one of
them is liable for payment as remuneration. Rather, each one should
take his own goat which has been already made Zibah. Let us assume
that each one of them only realised this after they have already
utilised the goat, then because each ate the goat (or sheep) of the
other, then each should let the other pardon him, and if he is not
willing to pardon this, then because each one of them ate the
Qurbani meat of the other without his permission, each should take
the amount of remuneration from the other and that remuneration
should be given as Sadaqa, because this is the rule for the
compensation for the meat of Qurbani. 42
All these are only applicable when each is fine with the situation that
the other person has made Zibah of his goat, so the Qurbani of the
one whose goat it was, is valid. However, if he is not fine (i.e. in
agreement with what happened), then he may take the
remuneration for the price of the goat. In this situation, the Qurbani
of the one who performed the Zibah, will be regarded as discharged.
In other words, if remuneration was taken for the goat, then the goat
has become the property of the Zaabih (i.e. the one who slaughtered
it), and the Qurbani has been discharged from him, and he is the
owner of the meat from it as well. [Durr e Mukhtar, Raddul Muhtar]
Law: If one person intentionally slaughtered the Qurbani goat (i.e.
Qurbani animal) of another person, then in this situation there are
two cases;
1. Either he did Qurbani on behalf of the owner, or
2. He did it on behalf of himself
• If he did the Qurbani intending it on behalf of the owner,
then his (the owners) Qurbani is done, because that animal
was meant for Qurbani, and the Qurbani has been made. In
this case the owner cannot claim remuneration from him.
• If he did the Qurbani on behalf of himself, and the owner is
willing to take the already sacrificed goat, then the Qurbani
will be regarded as having being done on behalf of the
owner, and (in this case) the intention of the Zaabih (one
slaughtering) will not be given consideration. If the owner is
not pleased with this, but rather he claims the remuneration
for the goat, then the Qurbani of the owner has not been
done, and the Qurbani of the slaughterer has been done. By 43
him paying the remuneration he has become the owner of
the goat, and his own Qurbani has been done. [Durr e
Mukhtar, Raddul Muhtar]
Law: If the goat (i.e. Qurbani animal) is not stipulated (fixed) for
Qurbani, then if another person does its Qurbani without the
permission of the owner, the Qurbani will not be valid. For example;
if a person purchased five goats, and he thought to make only one
goat Qurbani from all of them, but he did not stipulate one particular
goat from among them, then another person cannot do the Qurbani
on behalf of the owner. If he does so, then remuneration is
necessary. If after the Zibah, if the owner makes the Niyyat of
Qurbani, it is futile. In other words, (even) in this, the Qurbani is
invalid. [Raddul Muhtar]
Law: If someone usurped (i.e. unlawfully took) the goat of someone
else, and he then sacrificed it, then (in this case) if the owner takes
the remuneration of a live goat from him, then the Qurbani is done,
but that person is sinful, and it is necessary for him to make Tauba
and Istighfaar (i.e. to sincerely repent). If the owner did not take the
remuneration, but rather he took the sacrificed goat, and due to it
being already slaughtered, he took remuneration for whatever
shortfall is due, then (in this case) the Qurbani is not done. [Raddul
Muhtar]
Law: If one slaughtered his own goat on behalf of someone else, be
this on his command or without his command, then in both cases his
Qurbani is not done, because it would only be counted as his
Qurbani, if he was the owner of the animal. [Shalbiyah]
Law: Someone else’s goat was kept as Amaanat (in trust) with one
person. The one to whom it was entrusted sacrificed it (made 44
Qurbani with it), then this Qurbani is not valid. Neither is it counted
as being from the owner, nor from the side of the one to whom it
was entrusted, even though the owner has taken the remuneration
for his goat from the one to whom it was entrusted. Similarly, if one
has the animal of someone else with him as Ijarah or Aariyat, and he
sacrificed it (as Qurbani), then this Qurbani is not permissible. If a
‘Marhun’ (pledged property) was made Qurbani by the ‘Raahin’
(Pledger), it will be regarded as valid, because the animal is his
property. If it was done by the ‘Murtahin’ (Pledgee), then there is
difference of opinion in this regard. [Raddul Muhtar]
Translator’s Note: Ijaarah and Aariyat refers to types of
renting, leasing or taking on contract.
Law: Ranch animals are auctioned after some fixed time, and some
people purchase them. The Qurbani of these animals is
impermissible, because this animal is not his property.
Law: If an animal (i.e. a goat or its category), has co-owned by two
people, it cannot be sacrificed, because in a co-owned entity, both
partners have a share, and the one person’s share is regarded as
Amaanat with the other person. However, if two people are partners
(co-owners) equally, and each one made Qurbani of one animal, then
(in this case) both, both their Qurbani will be done. [Raddul Muhtar]
Law: If a person has nine children and family members plus
himself, so he made the Qurbani of ten goats, but he did not make
the intention of which goat was for which person. However it is
necessary to make this Niyyat that these ten goats are from ten of us.
This Qurbani is permissible; everyone’s Qurbani will be done.
[Alamgiri]45
Law: If a person made Qurbani of a cow (i.e. animal in the category
of cattle) on behalf of himself and his children, then if they are NaBaaligh, then all the Qurbanis are permissible (i.e. done), and if they
are Baaligh and all of them have agreed to it, then it is valid on
behalf of all of them; and if they did not authorise it, or only some of
them did not authorise it, then (in this case) none of their Qurbani
was done. [Alamgiri]
Law: If a goat was purchased through ‘Bai-e-Fasid’ (i.e. a standing
sale which is void due to defect), and it was also made Qurbani, then
this Qurbani is valid, because in Bai-e-Fasid, taking possession of the
entity makes one the owner, and the ‘Baa’i’ (the seller), has the right
if he took the mandatory price from the buyer, then now nothing is
compulsory upon him. If the Baa’i took the already slaughtered
animal, then the one, who sacrifice it, should give as Sadaqa the
price of the already sacrificed goat. [Alamgiri]
Law: If one person gifted a goat to someone else (i.e. he made it
Hibah), and the ‘Mawhub lahu’ (the one to whom the goat was gifted,
i.e. the recipient) sacrificed it, and now after this, the ‘Wahib’ (the
one who gave the gift, i.e. a benefactor) wishes to take it back, then
he may take it back, but the Qurbani of the Mawhub Lahu will (still)
be valid, and he is also not liable for any Sadaqa. [Alamgiri]46
Miscellaneous Laws
Law: If one got someone else to slaughter his animal, and now after
the Zibah he says, I have intentionally not proclaimed the Bismillah.
(In such a case) he will have to give the price of that animal, and if
the time of Qurbani is still remaining, another animal must be
purchased with that amount, and it should be made Qurbani, and its
meat should be given as Sadaqa, and he should personally not eat
from it. If the time is not remaining, then he should give that
amount away as Sadaqa. [Alamgiri]
Law: if three persons purchased three goats for Qurbani purposes,
then these goats became mixed up, and it cannot be ascertained as to
which one belongs to whom. Then in this, case each should make the
other person, his Wakeel (representative) for making Zibah, so in
this case all of their Qurbani will be done, because even if he made
his own goat Zibah, it is still permissible (i.e. valid), and if he made
the animal of the other persons Zibah, it is still permissible, because
he is now his Wakeel.
Law: If one got someone else to do the Zibah, but he also placed his
hand on the knife, whereby both of them slaughtered together, then
it is Waajib upon both of them to proclaim the Bismillah. If even one
of them intentionally left it out, or if he did not proclaim it, thinking
that the other one has proclaimed it, so what need do I have to
proclaim it, then in both cases the animal is not considered being
Halaal. [Durr e Mukhtar]
Law: If a person purchased a cow for Qurbani and then (later) he
made six people partners in it, all their Qurbani will be done, but to
do so is Makruh. However, at the time of purchasing it, he already
had the intention of making others partners in it, then it is not 47
regarded as being Makruh. If the partnership is done before
purchasing it, then this is best (most appropriate). If one who is not a
Malik-e-Nisaab purchased a cow for Qurbani, then the Qurbani of
that cow has become Waajib upon him from the moment he
purchased it. He may now not take anyone as partner in it.
[Alamgiri]
Law: If five persons purchased a cow for Qurbani, then if another
person comes forth and says, allow me to also be a shareholder in
this. However four agreed and one did not agree, and the Qurbani
was done, then the Qurbani is valid as the sixth person is a partner
with the four, and each of their share is more than one seventh, and
the meat will be distributed in this manner that, one fifth is the
share of the one who refused, and the remaining four shares will be
shared equally amongst the other five, or this can also be done
whereby, twenty five shares are made, and five shares should be
given to the one who refused, and all the rest should receive four
shares each. [Alamgiri]
Law: If a goat was purchased for Qurbani, and the Qurbani was
done, but later it was ascertained that the goat has a defect, but it is
not such a defect that hinders it from Qurbani, then one has the
choice, to claim some amount from the seller which is due to this
defect, and for him to make this amount Sadaqa is not Waajib upon
him. If the seller says that he will take the already slaughtered
animal, and I will return the payment, then (in this case) the buyer
must give that amount away as Sadaqa and he can only retain that
amount, which can be discounted, due to the defect. [Alamgiri]
Law: If an already slaughtered Qurbani animal was usurped, then
one may claim the remuneration from the usurper, but to give that 48
remuneration away as Sadaqa is necessary, because this is the
compensation for that Qurbani. [Alamgiri]
Law: If a Malik-e-Nisaab took a Man’nat of Qurbani, then two
Qurbanis are Waajib upon him. One which is Waajib upon a Ghani
(Financially able person) and the other due to the Man’nat
(vow/undertaking). If he took one Man’nat of two or more than two
Qurbanis, then all those Qurbanis which he took Man’nat for are
Waajib. [Durr e Mukhtar, Raddul Muhtar]
Law: If one made more than one Qurbani, then all the Qurbanis are
permissible. One is Waajib and all the others are Nafil (optional), and
if one made Qurbani of an entire cow, then the entire cow will be
counted as Waajib. It is not so that one seventh will be Waajib and
the remaining shares will be Nafil. [Durr e Mukhtar, Raddul Muhtar]
Summarised Method of Qurbani
The rules of Qurbani have already been explained in detail. Now, its
method is being explained in a summarised form, so that it may be
easy for the general public.
The Qurbani animal should be in accordance with the conditions of
Qurbani which have been mentioned earlier. In other words, it
should not be younger than the age which has been stipulated, and it
should be free from all the defects which cause it to become
impermissible for Qurbani, and it is best for it to be a well-built
healthy animal.
• Before performing the Qurbani feed it water and fodder. In
other words, do not make it Zibah in a hungry and thirsty
state.49
• Do not slaughter one in front of the other
• Sharpen the knife in advance. The knife should not be
sharpened in front of the animal after dropping it
• Place the animal on its left side in this manner, that its face
is in the direction of the Qibla, by keeping your left leg on its
side, and then slaughter it with a sharp knife.
• Before making Zibah (i.e. before slaughtering it) read this
Dua. In other words, read it and then make the Zibah;

‘I have turned my attention towards Him, Who created the skies and
the earth; in devotion to Him alone, and I am not from amongst the
polytheists. Indeed, my Namaaz (Prayer) and my sacrifices (Qurbani),
and my life and my death, are for Allah, The Rub of the worlds, Who
is without any partner. It is that which I have been commanded to
do, and I am of the Muslims. O Allah! This is for You alone, given
through your Divine Guidance. Bismillahi Allahu Akbar.
Thereafter read this Dua if the Qurbani is from your side:

‘O Allah! Accept from me (this Qurbani), as you have accepted from
Your Khaleel (Dear one, Nabi) Ibrahim (Alaihis Salaam), and from
Your Habeeb (Beloved Nabi) Muhammad صلى الله عليه وسلم‘50
• It should be made Zibah (slaughtered) in a manner whereby
all four vessels are cut, and a minimum of three vessels must
be cut. Do not cut more (i.e. deeper) than this, or the knife
will reach the vertebra of the neck, and this would be
causing undue pain (to the animal)
• Until the animal does not become cold i.e. until it is not
completely lifeless, neither should its limbs be cut off, nor
should it be skinned.
• If you are performing Qurbani on behalf of someone else,
then instead of ّنىِِ
م Min’ni, say ْ
ِن
م Min and then mention the
person’s name.
• If the animal is one which has shares in it like a cow or
camel, the meat should be distributed by weight and not
merely by estimating (i.e. guessing).
• Separate the meat into three portions, giving one third to
the needy, one third for friends and relatives, and keep one
third for your family. You should also eat from it. If you have
a large family, then you may keep more than one third, and
actually you may keep all of it for home use.
• The Qurbani skin can also be used for personal use, and it
can also be given (donated) for some virtuous work, for
example; it can be given to a Masjid or Madrassah or to the
needy. In some places this is given to the Imam of the Masjid.
If this is not given to him as a salary, but as a form of
assistance, then there is no harm in this. 51
• It is written in Bahrur Ra’iq that on the day of Qurbani, the
one doing Qurbani should first to eat the Qurbani meat, and
he should not eat anything else before this. This is Mustahab
(desirable/recommended). However, If one does different
from this, there is still no harm.
Beneficial Note
It is proven from the Hadith Shareef that the Sayyid e Aalam Hazrat
Muhammadur Rasoolullah صلى الله عليه وسلم performed Qurbani on behalf of the
Ummah. This is just one generous favour from amongst the
countless generous favours of Rasoolullah صلى الله عليه وسلم ,that even at this time
he صلى الله عليه وسلم remembered the Ummah, and Nabi صلى الله عليه وسلم did Qurbani for those
people who could not do Qurbani. This uncertainty as to how just
one ram was done on behalf of all of them, and as for those who were
not even born as yet, so how was there Qurbani also done. The
answer to this is that, this is from the Unique attributes of
Rasoolullah صلى الله عليه وسلم ,just as Rasoolullah صلى الله عليه وسلم made permissible the Qurbani
of a six month old goat for Hazrat Abu Burdah ؓ◌, and outlawed it for
others. Similarly, this is unique to Rasoolullah صلى الله عليه وسلم .
The point to be noted here is that Nabi Kareem صلى الله عليه وسلم did Qurbani on
behalf of the Ummah, so how blessed and fortunate is that
financially capable Muslim who does a Qurbani on the name of
Sayyiduna Rasoolullah صلى الله عليه وسلم !Best, is to do the Qurbani of a horned
ram, which is a mixture of white and black (in colour), like the rams
which Nabi Kareem صلى الله عليه وسلم made Qurbani of. 52
Aqeeqah
Few Ahadith are being presented related to this
Hadith 1: Imam Bukhari reported from Salman bin Aamir Dhabi
ؓ◌. He says, ‘I heard Rasoolullah صلى الله عليه وسلم saying that, Aqeeqah should be
done for a boy (new born). So spill blood on his behalf (i.e. sacrifice
an animal), and grant him relief from his discomfort.’ In other
words, shave of his head.
Hadith 2: Abu Dawud, Tirmizi and Nasa’i report from Umme Kurz
عنها�� عا �االله�� ر .She says, I heard Rasoolullah صلى الله عليه وسلم saying that there are two
goats on behalf of a boy and one goat on behalf of a girl. It does not
matter whether it is a male or female (goat).’
Hadith 3: Imam Ahmed, Abu Dawud, Tirmizi and Nasa’i report
from Samurah ؓ◌ that Rasoolullah صلى الله عليه وسلم said, ‘a boy (i.e. child) is
pledged in his Aqeeqah. Sacrifice an animal on his behalf on the
seventh day, and keep his name, and remove his hair.’ Being pledged
means that he will not attain full benefit until the Aqeeqah is not
done. Some have mentioned that a child’s safety and his
development, and he having good qualities are related to the
Aqeeqah.
Hadith 4: Tirmizi reported from Ameerul Momineen Hazrat Ali
ؓ◌ that Rasoolullah صلى الله عليه وسلم slaughtered a goat as Aqeeqah on behalf of
Imam Hasan ؓ◌, and he صلى الله عليه وسلم said, O Faatima عنها�� عا �االله�� ر ! Remove his hair
and give as Sadaqa the weight of his hair in silver. We weighed the
hair so it was one dirham or slightly less.53
Hadith 5: Abu Dawud reports from Ibn Ab’bas عنهما�� عا �االله�� ر that
Rasoolullah صلى الله عليه وسلم sacrificed a ram each on behalf of Imam Hasan and
Imam Husain عنهما�� عا �االله�� ر . According to the narration of Nasa’i, that he
صلى الله عليه وسلم did two rams each (for them).
Hadith 6: Abu Dawud reports from Buraidah ؓ◌. He says that
during the day Jaahiliyah (ignorance), when a child was born to
anyone, he would sacrifice a goat and then paint the head of the
child with the blood. Now when Islam came (to us), then we sacrifice
a goat on the seventh day, and we shave the child’s head, and we
apply saffron on the head.
Hadith 7: Abu Dawud and Tirmizi report from Abu Raafi’ ؓ◌ that
when Hazrat Imam Hasan the son of Hazrat Ali عنهما�� عا �االله�� ر was born,
then I saw that Rasoolullah صلى الله عليه وسلم called out the same Azaan in his ears,
which is called out for Namaaz.
Hadith 8: Imam Muslim reports from Hazrat A’isha عنها�� عا �االله�� ر that
when children would be brought to Rasoolullah صلى الله عليه وسلم ,Huzoor صلى الله عليه وسلم
would make Dua for Barkat (abundant blessings) for them. In other
words, he صلى الله عليه وسلم would chew on something like a date, and then place it
against the pallet of the child (with his blessed saliva), so that first
thing to enter his stomach would be the sacred saliva of Rasoolullah
.صلى الله عليه وسلم
Hadith 9: Bukhari and Muslim report from Hazrat Asma bint Abi
Bakr عنهما�� عا �االله�� ر that before Hijrat (migration), whilst still in Makkah,
Hazrat Abdullah ibn Zubair ؓ◌ was in my stomach (womb). After
Hijrat, he was born in Quba. I brought him to the Beloved Rasool صلى الله عليه وسلم ,
and I placed him on the lap of Rasoolullah صلى الله عليه وسلم .Huzoor صلى الله عليه وسلم then asked
for a date, and he صلى الله عليه وسلم chewed on it and placed it into his mouth, and 54
made Dua for Barkat for him. After Hijrat (the migration), he was the
first child to be born to the Muslim Muhajireen (migrants).
Laws of Jurisprudence
The animal which is made Zibah (i.e. slaughtered/sacrificed) to show
gratitude on the birth of a child is called ‘Aqeeqah’. According to the
Hanafis, Aqeeqah is Mubah (Lawful) and Mustahab
(desirable/recommended). Some of the Books which say that
Aqeeqah is not Sunnat, means that it is not Sunnat e Mu’akkadah,
otherwise it is clearly proven from the blessed practice of
Rasoolullah صلى الله عليه وسلم ,so to absolutely reject it being Sunnah is incorrect.
Some Kitaabs say have mentioned this has become (Mansookh) i.e.
inapplicable by Qurbani. This means that it being compulsory has
become inapplicable; just as it is said that, Zakaat has made the right
of the wealth inapplicable; in other words, it (the right of wealth)
being Fard has become inapplicable. When a child is born, it is
Mustahab to proclaim the Azaan and Iqaamat in his ears. By
proclaiming the Azaan, In’sha Allah (Allah Willing) all the evils will
be warded off. It is best (most virtuous) proclaim the Azaan four
times in the right ear and the Iqaamat three times in the left ear. It is
some kind of tradition in many people that when a boy is born they
proclaim the Azaan, but when a girl is born they do not do so. This
should not be so. Even if a girl child is born, the Azaan and Iqaamat
must be proclaimed. The name should be kept on the seventh day,
and his head should be shaved, and the Aqeeqah should be done at
the time of shaving the head. The hair should be weighed and the
weight of the hair should be given in gold or silver as Sadaqa.
Law: In India, when the child is born, people generally celebrate the
sixth day (i.e. they celebrate at the birth of the child on the sixth 55
day). Some people perform impermissible customs at this time, such
as women singing with music etc. We should abstain from such
things, and to leave such (customs) is necessary. Muslims should do
that which is proven from the sayings and practices of Rasoolullah
صلى الله عليه وسلم .People spend much more on futile customs, but they do not
perform the Aqeeqah. In performing the Aqeeqah, one is fulfilling a
Sunnah, and at the same time meat is available to feed the guests.
Law: A child should be given a good name. Here in India, many
people have such names which have no really meaning, or they have
malicious meanings. We must abstain from (keeping) such names.
Keep names upon the names of the Ambia e Kiraam م�وا ووۃ�ص�
and  � ا
upon the names of Sahaba, the Taabi’een, and The Pious
Predecessors, as this is more virtuous. We have hope that their
blessings will benefit the condition of the child.
Law: Abdullah and Abdur Rahman are very blessed names, but in
this time and age it is often seen that instead of calling the person
Abdur Rahman, many people say Rahman, and to refer to anyone but
Allah as Rahman is Haraam. Similarly, someone with the name Abdul
Khaliq is called Khaliq and Abdul Ma’bood is called Ma’bood. Such
impermissible alterations should not be made to such names.
Similarly, there are many names that are shortened, in other words
the names are altered to such an extent that it displays a
contemptuous meaning, and such names should never be shortened.
Hence, if you feel that a certain name will be shortened, then it is
best to avoid keeping that name. Rather, keep another name.
[Alamgiri etc]
Law: ‘Muhammad’ is a very beautiful name. This name has been
praised immensely in the Ahadith. If there is no fear of it being
shortened, then this name should be kept. Another method is to 56
keep this name at Aqeeqah and then having another calling name,
and this happens very commonly in India, that one person has many
names. In this way one will receive the blessings of the name
(Muhammad) and at the same time, one will be saved from
shortening it.
Law: If a child was born dead, then there is no need to keep a name
for the child. He may be buried without giving a name. If the child
was born alive, he should be named, even if he was born alive and
then passed away.
Law: The seventh day is more virtuous for the Aqeeqah, and if one
is unable to do it on the seventh day, one may do it whenever he
wishes. The Sunnat will be fulfilled. Some have said that it should be
done on the seventh, fourteenth or twenty first days (etc). In other
words, consideration should be given to seven days. This is better,
and if one cannot remember (how many days have passed), then one
should remember the day on which the child was born, and the day
that comes one day before that is the (next) seventh day. For
example, if the child was born on a Friday, then the following
Thursday is the seventh day, and if the child was born on a Saturday,
then the seventh day is on a Friday. In the first case on whichever
Thursday one makes the Aqeeqah, and in the second case on
whichever Friday one makes the Aqeeqah, he will definitely get the
counting of the seventh day.
Law: The Aqeeqah for a boy is to sacrifice two goats (or sheep or of
that category), and for a girl is one goat. It is appropriate to do a
male animal for a boy and a female animal for a girl. If female
(goats/sheep) etc are done for a boy and a male (goat/sheep) is done 57
for a girl, there is no harm in this. If a cow is slaughtered for
Aqeeqah, then for a boy will be two shares and for a girl will be one
share is sufficient. In other words, one should take two shares or one
share from the seven shares.
Law: If a cow was made Qurbani, Aqeeqah can be included in its
shares. This has been explained in the discussion on Qurbani.
Law: After shaving the child’s head, it is better to grind saffron and
apply it on the head.
Law: The animal of Aqeeqah should be on the same conditions as
that of the Qurbani animal. Its meat can be distributed to the needy,
friends and relatives and immediately household, be it raw or
cooked. It can also be used to prepare a meal or feast and feed it. All
these options are permissible.
Law: It is better not to break its bones. It is better to debone the
animal. This is a good sign for the safety of the child, and if the bones
are broken in order to make pieces of the meat, then there is also no
objection to this. The meat may be cooked as one wishes, but if it is
cooked sweet, it is an sign of the child having good ethics.
Law: Some have said that the head and trotters should be given to
the barber, and one thigh (leg of lamb) should be given to the Daa’i
(wet-nurse), and the remaining meat should be share as three
portions, one third to the needy, one third to the friends and
relatives and one third for the people of the house to eat.58
Law: It is commonly said amongst the general public that the
Aqeeqah meat should not be eaten by the child’s parents, and by the
child’s paternal and maternal grandparents (Dada and Dadi and Nana
and Nani). This is simply incorrect and there is no evidence of this.
Law: If for a boy instead of doing two goats (sheep etc) if one did
only one goat, then this is also permissible. In one Hadith it
apparently seems that as Aqeeqah only one ram was sacrificed.
Law: The ruling concerning the skin (of the Aqeeqah animal) is the
same as that of the skin for Qurbani animal. One may use it
personally or give it to the needy, or use it for some virtuous work,
such as giving it to a Masjid or Madrassa.
Law: There is a Dua which is read at the time of slaughtering the
Aqeeqah animal. This Dua can be read, and if one cannot remember
it, then one may make the Zibah even without reciting that
(particular) Dua and the Aqeeqah will be valid

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