#82. SLAUGHTERING ONE RAM WITH THE INTENTION OF AQIQAH AND UDHIYA COMBINED
” Assalamualaykum waramatullah wabarakatuhu pls a brother gave birth to a baby yesterday. The Akikoh is next monday on sallah day. My question is that is it permissible for him to combine the intention and use one ram?
ANSWER
Wa alaykum salaam warahmatullaah wabarakaatuh.
May Allah bless the baby and make him among those that will grant victory and assistance to the Din, aameen.
With respect to your question, the Ulamaa have differed on its ruling.
The majority of the Fuqahaa to include the Malikis, the Shaafi’is and a narration from Imaam Ahmad hold that it is not permissible.
The argument here is that each of both have different aims and purposes behind their legalization.
Imaam Al-Haytami Ash-Shaafi’i- _rahimahullaah_ – said in ‘Tuhfatu Al-Muhtaaj Sharhu Al-Minhaaj’:
“What is most apparent in the statements of the fellows (of our School) is that if he were to intend with one ram the Udhiya and the Aqiqah, none of both would have been recorded for him. And this is clear because each of both is a Sunnah aimed differently.”
Tuhfatu Al-Muhtaaj 9/371
The position of some of the Hanbalis, the Hanafis, Imaams Hasan Al-Basri, Qataadah and Muhammad Ibn Sirin – rahimahullaah – is its permissibility.
They explained that what is most important is the intention since the essence of both in the end is to draw close to Allah.
Al-Bahuti – rahimahullaah – said in ‘Sharhu Muntahaa Al-Iraadaat’:
“And if there is a coincidence in the period of the Aqiqah and the Udhiya in such a way that the seventh day of birth or its like is among the days of the ‘Nahr’ (sacrifice), and he made the Aqiqah, then that suffices for the Udhiya. Or he makes the Udhiya, it suffices for the other. The scenario is same as if the day of Eid and Jumu’a coincides and he observes the ghusl for one of both.”
‘Sharhu Muntahaa Al-Iraadaat’ 1/617
He also said in ‘Kashshaafu Al-Qinaa’a_3/330:
“And if the Aqiqah and the Udhiya were to coincide and he makes the intention to slaughter for both of them together, it is okay for him that way. This is textually transmitted (from Imaam Ahmad).”
Considering the evidences presented by both schools and the Maqaasid of the Shari’ah, the position held by the Maalikis and the Shaafi’is that it is not permissible to slaughter one ram with the intention of both Udhiya and Aqiqah is the stronger of both because the intentions behind both are different.
What we have opined is the position advanced by many of the Muhaqqiqun such as Imaam Ibn Abdilbàrr and Ibn Hajar Al-Asqalaani – _rahimahumallaah_ –
However, if one were to be incapable of making both at the same time, it is permissible for him to delay the Aqiqah till the 14th day, and if not, the 21st day and so on adding 7days. And that if one is unable to do it due to poverty or related matters, then Allah does not task a soul beyond its capacity.
Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran
