#629: Ruling on Eid Sacrifice
QUESTION
CAN THE ĪD SACRIFICE BE DONE ON MY BEHALF? AND IF SO, AM I TO ABSTAIN FROM CUTTING MY BODY HAIRS OR NAILS TOO?
” Assalam aleikum. I have a question please what if during d eid celebration I am away from him and won’t be able to slaughter ram where I am because the place is not very convenient for me and I don’t have anywhere to prepare the ram or kill the ram..so is it permissible to send d money home so a ram can b bought on my behalf. And if I do send d money will I also undergo rituals of not cutting my hair or fingernails. And is d reward the same?”
ANSWER
Wa Alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
The Ulamā are at a consensus that it is permissible to have someone else make the sacrifice and slaughter on your behalf though it is better that you do it yourself.
The evidence for this is the Hadith of Anas bn Mālik – radiyallāhu ‘anhu – who mentioned that this was the practice of the Rasūl -salallāhu alayhi wasallam – as was recorded by both Imām Al-Bukhārī and Imām Muslim. He said, speaking of the Rasūl – salallāhu ‘alayhi wasallam – :
ضَحَّى بِكَبْشَيْنِ أَمْلَحَيْنِ فَرَأَيْتُهُ وَاضِعًا قَدَمَهُ عَلَى صِفَاحِهِمَا يُسَمِّي وَيُكَبِّرُ فَذَبَحَهُمَا بِيَدِهِ
“He sacrificed two castrated Rams. I saw him place his foot on their sides, did the tasmiyyah (mentioned Allāh’s Name), made the Takbīr and then slaughtered them with his own hands (by himself)”
Yet, evidence exists that representation ( Tawkīl ) was done with the sacrifice in the Hadīth recorded by Imām Muslim from Jābir bn ‘Abdillah – radiyallāhu ‘anhu – who said while narrating the Hajj of the Rasūl -salallāhu alayhi wasallam – and the sacrifice he made:
فَنَحَرَ ثَلَاثًا وَسِتِّينَ بِيَدِهِ، ثُمَّ أَعْطَى عَلِيًّا، فَنَحَرَ مَا غَبَرَ
“He then sacrificed sixty three of the sacrifice with his own hands and then gave ‘Alī who sacrificed what was left…”
For this reason, the Ulamā formed a consensus that representation was permissible provided the Representation was Muslim and the Represented had intended the Sacrifice. The Shāfi’iyyah stretched it further by asserting that a Christian or Jew may make this representation for the Muslim as long as the Represented intends the Sacrifice and the Christian or Jew making this representation is not of those who are Harbī (Non-Convenant)
Imām An-Nawawī – Rahimahullāh – said in the Shar’h on Sahih Muslim:
“And in this is the preference of the Sacrificing person making the Sacrifice himself, and the permissibility of representation in it. This is permissible by consensus if the Representation was Muslim. But to us, the Representation can be a Kāfir of the People of the Book as long as the Represented intended the Sacrifice while handing the slaughter over to him or at the point of slaughter.”
As mentioned, this Shāfi’ī position of allowing the Christian or Jew do the slaughter by representation even with the conditions mentioned is highly discountenanced by the Imāms of the other Schools. And what is right is the position held by these Imāms that the Shāfi’ī position is wrong on this, and Allāh knows best.
As for moving the sacrifice to another land or sending money for it,
The Hanafiyyah held that it was Makrūh to do that except if the people of the lands to which it was sent were in more need of it than the people that live where the person Sacrificing lives, or there is inability on the part of the Sacrificing person to carry this out.
The Mālikiyyah held that it were only permissible to do that if the place to which the transfer is done is less than the distance that allows for the observance of Qasr Salāt. This position is shared by the Shāfi’ī and the Hanbalī Schools. Though they all agree that, as mentioned by the Hanafis, if the people of the land to which the transfer is made are in more need, it becomes permissible.
This was mentioned by Shaykh Wahbatu Az-Zuhaylī in his book Al-Fiqhu Al-Islāmī Wa Adillatuhu
With respect to the question asked, what seems apparent to me is that there isn’t anything wrong in sending the money for the Sacrifice to be done on your behalf as mentioned. This is because of inability and convenience.
However there are few things to put into consideration:
One, that what was better was for you to carry out this _’Ibādah_ yourself as was done by the Rasūl -salallāhu alayhi wasallam – and that was more rewarding as it was the practice of the Rasūl-salallāhu alayhi wasallam. Likewise it was the practice of the Rasūl -salallāhu alayhi wasallam – to eat from his sacrifice and in sending to somewhere else for it’s performance will hamper your ability to practice this Sunnah.
Two, it is better that whosoever will represent you be one of your family members just as the Rasūl-salallāhu alayhi wasallam – deputed ‘Alī bn Abī Tālib – radiyallāhu ‘anhu – as in the Hadīth of Jābir bn ‘Abdillah as mentioned above.
Three, whosoever doing this sacrifice on your behalf should be someone who knows the Injunctions surrounding the sacrifice and how it’s meat is distributed so that your reward is complete and the Sunnah is observed.
Lastly, as regards whether the Injunction that commands you to not cut of your nails or body hairs apply to the one who is represented in the Sacrifice, the answer is yes because the Injunction is tied to the Intention to sacrifice, not the act of slaughtering.
And Allāh knows best
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
6th Dhul Hijjah 1439A.H
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