#1021: Is It Permissible To Delay The Sacrifice Of Ud’hiya To The Days Of Tashriq?
“Question: Asalam alaykum waramotullah, I heard from someone that there is no Hadīth or practice of any sahabah that authorized the sacrifice of animals during eidul adha beyond the day of Nahr. He said the killing of animal in the days of tashreeq is not part of the Sunnah, Is this true? Thanks.”
ANSWER:
Wa Alaykum Salam Warahmatullah Wabarakaatuh.
Alhamdulillah.
The statement of this ‘someone’ is conflicting with the position held and mentioned by the Fuqahaa of Islam.
The Imam Ibn Qayyim Al-Jawziyyah rahimahullah has the following to say in this matter in Zaadu Al-Ma’aad:
“Ali bn Abi Taalib radiyallahu anhu said: ‘The Days of Slaughter are the days of Nahr and three days after it.’
He then said:
“And it is the Madh’hab of the Imam of the People of Basrah: Al-Hasan, the Imam of the People of Makkah: ‘Ataa Ibn Abi Rabaah, the Imaam of the People of Shaam: Al-Awzaa’i, and the Imam of the Fuqahaa of Hadith: Ash-Shaafi’i rahimahullah. It is also the choice of Ibn Al-Mundhir; this is because the three days are united by the same thing which is the days of Muna, the days of Ram’y (pelting the pebbles at the Jamrah) and Tashriq (eating and drinking) and it is not permissible to fast in them. Thus they are united in this Ruling. Why then will they be different when it comes to Slaughter without a textual evidence or a consensus to that effect?
He said:
“And it has been narrated from two different Isnads which strenghten each other from the Rasul salallahu alayhi wasallam that he said: All of Muna are places for Slaughter and all the days of Tashriq are for slaughtering”
He then said:
“But there are four different positions (among the Fuqahaa) on this mater. This that we have mentioned is just one of them.
“The second positon is that the days of Sacrifice are the Days of Nahr and two days after it. This is the position of Ahmad, Maalik and Abu Hanifah rahimahumullaah.
Ahmad said: and it is the position of more than one of the Sahaabah of the Prophet salallahu alayhi wasallam. Al-Athram mentioned it from Ibn Umar and Ibn ‘Abbas radiyallahu anhum
The Third position, that the Day of Slaughter is only one day. And this is the position of Ibn Sirin. The reason is that only it is named with the Sacrifice, it means therefore that it is specific only to this Ruling. And if other than it was intended, they would have been named the Days of Nahr just as they were named the Days of Ram’y, the Days of Muna and the Days of Tashriq. And because the ID is attributed to the Sacrifice and it is a single Day just as it is said Id Al-Fitr.
The Fourth position, it is the position held by Sa’id bn Jubayr and Jaabir bn Zayd, that it is just a single day in every other city, and three days in Muna only. This is because that is the city where the deeds of worship are done such as the Ram’y, the Tawaf, and Al-Halq (Shaving the hairs). It therefore are the Days of Dhab’h aside other cities”
End of Quote
The above statement from Ibn Qayyim then makes it clear to you that though the Fuqahaa have differed as to how many of the Days is the Nahr permissible to be done, they have not said it is not a position of any of the Sahaabah. As was mentioned by Imam Ahmad.
As you can see, Al-Athram narrated that this was a positon of Ibn Abbas and Ibn Umar radiyallahu anhum.
As for the cause of the difference, it returns to the authenticity of the Hadith of Jubayr Ibn Mut’im that was mentioned above by Ibn Qayyim.
While some of the Fuqahaa consider it to be weak, others considered it to be Hasan as you can see, Ibn Qayyim felt that the numerous transmissions of same Hadith strengthened one another and therefore is suitable as evidence.
The Haafidh Imam Ibn ‘Abdilbarr in his Tamhid considered it Mudtarab
Shaykh Muhammad Nasiruddin Al-Albaani rahimahullah considered it Sahih in As-Silsilatu As-Sahihah.
The position of Ash-Shaafi’i, Al-Hasan, Ataa and Al-Awzaa’i which says the Sacrifice is for the Day of Id, and the Days of Tashriq considers that there is no evidence that restricts the Slaughter to the Day of Adha only and since it is known that the Days of Tashriq are for eating and drinking, there is nothing to prove that it does not include Slaughter.
The position of Ahmad, Maalik and Abu Hanifah rahimahumullaah is premised on the Hadith where the Rasul salallahu alayhi wasallam forbade the saving of the meat of the Udhiyyah beyond three days. It therefore follows that the Slaughter can be done within these three days which are the Day of Id and the two days that follow it. This is because there is no evidence whatsoever that restricts the Udhiyya to the Day of Id.
There is no doubt that the position of Imam Muhammad bn Sirin is weak.
The position of Sa’id bn Jubayr is also weak as there is no justification to say that there is any difference between the City of Muna and others.
The Strong position on this matter no doubt is that of Ash-Shaafi’i and Allah knows best.
But that which is better, and this is a point of agreement among the Fuqahaa, is to do the Slaughter on the Day of Id.
And Allah knows best.
Barakallahu fikum.
Jazakumullahu Khayran
📚 IslāmNode
