Risaalah Ibn Abī Zayd and Sḥarh (Explanatory Notes) – Section on On Sacrifices, the Slaughter of Animals, ʿAqīqah (animals sacrificed for the birth of a child)

Risaalah Ibn Abi Zayd – Section on Sacrifices, the Slaughter of animals, ʿAqīqah (animals sacrificed for the birth of a child)

29.1 Animals for Feast Day and Hajj Sacrifices

29.1 a. The Ruling of the ‘Īd Sacrifice

Sacrificing an animal for the ‘id is a sunna which is obligatory for all who are able to do so. [Uḍ-ḥīyah refers to animals which are brought to be sacrificed on the Day of al-Aḍ-ḥaa (Sacrifice) and afterwards. It is called that because of the day when they are sacrificed aḍ-Ḍuḥaa (before noon) and it is called the ʿId al-Aḍ-ḥaa because the prayer in it is at that time. It is a confirmed sunnah (practice of the Prophet )in the well-known position for the one who is able, if he is free, Muslim, adult or child, male or female, resident or traveling, not on Ḥajj, because because the sunnah is for him to sacrifice for himself and those relatives whose maintenance he is responsible for, like parents and poor children. By “being able” he avoids the one who is poor. Ibn al-Hājib said that the one who is able is the one who would be injured in his property, i.e. the one who is not able to find its price in that year. Partnership is permitted in the reward for it rather than in its price.]

29.1 b. The Minimum

The least which is acceptable for it in the case of sheep is a jadhaʿun, which is a one year old ram, although some have said eight months and some ten months old. In the case of goats it should be a thaniyyah, which means a male in its second year, and likewise only thaniyyah animals are acceptable in the case of cattle and camels. A thaniyyah in respect to cattle is a male in its fourth year and in respect to camels it is a six year old male. [This is the well-known position.]

29.1 c. The Most Perfect Animal

Rams which have not been castrated are better for sacrifice than those which have been, but castrated rams are better than ewes. Ewes are better than either male or female goats. Male goats which have not been castrated are better than camels and cattle for ʿĪd sacrifices. [This has to do with being more perfect. So there are twelve grades, the highest is a uncastrated ram and the least is a female camel and cow.]

29.1 d. The Order in Animals

As regards al-hadāyā (animals to be sacrificed as part of the hajj) camels are best and then cattle and then sheep and then goats. [This is the famous position because what is desired of al-hadāyā is to have a lot of meat for the poor, and what is desired of al-uḍhiyah (slaughtered animal  is good meat, i.e. for bringing to the family, Bahram said, “The evidence for us in the two places is that the Prophet used to often make his hadys camels and his al-uḍhiyah was two rams, as is reported in the Sahih (Sound transmitted record  of events and saying from the Prophet).]

29.1 e. Unacceptable Animals

In none of these circumstances is it acceptable to sacrifice a one-eyed animal or a sick animal or a markedly lame animal or an emaciated animal. [However, an animal with some whiteness in the eye which does not entail blindness is permitted. Of course, a totally blind animal is not permitted. A clearly ill animal is not allowed, but one with a slight illness is permitted. Clear illness involves not eating normally or eating a lot. Also excluded are animals having a lot mange and which have lost its teeth, except for a single tooth.]

29.1 f. Other Unacceptable Animals

In fact, you should avoid using for sacrifice any animal which has something wrong with it. You should also avoid any split-eared animal unless the split is only slight. The same applies to an animal whose ear has been cut off or one with a broken horn. If it is bleeding it is not acceptable for sacrifice. However, if it is not bleeding, it is acceptable. [This is if it is a lot, a little is overlooked. He includes split-eared animals, and other forms of mangling the ears. There is disagreement about the extent of cutting, That which is the predominant position is that a third of the ear is slight, and a third of the tail is a lot because the tail is meat and sinew while the ear is not. This is about the tail of the sheep which is a fat tail. As for like the ox, camel and sheep in some lands which have no meat on the tail, that which would prevent its acceptability is what decrease beauty. Bleeding refers to a wound which does not heal.]

29.2. Time of Sacrifice

29.2 a. After the Imam

It is good to sacrifice your animal yourself after the imam has made his sacrifice on the morning of the Day of Sacrifice. If you slaughter your animal before the imam you must repeat your sacrifice. [That is recommended if it is possible to imitate the Messenger of Allah. If you cannot do that for some reason, then you delegates Muslim, and it is recommended that he be one of the people of virtue and excellence. Anyone who does not pray is disliked, but it is said that it is permitted in the well known position. It is not allowed to delegate an unbeliever of any description.

The time of sacrifice begins from the time the Imam sacrifices on the Day of Sacrifice, the 10th of Dhu’l-Hijjah. He should sacrifice in the morning, which is the time of the nafila. If anyone sacrifices before the Day of Sacrifice or after Fajr on the Day of Sacrifice and before sunrise, that is not permitted and he must repeat the sacrifice. This is based on the words of the Almighty, “Do not advance yourselves in front of Allah and of His Messenger.” (49:1) Al-Hasan al-Basri said, “It was sent down about people who sacrificed before the Imam.” This is about the one who has an Imam.]

29.2 b. When There is No Imām

If there is no imam with you, you should make sure you do not do it before the time the imam nearest to you would do so. The sacrifice must not be done at night. [They sacrifice at the proper time. If their error becomes evident to them, it is allowed in the wellknown position. One considers the Imam of the prayer. It is not done at night on the second or third day. This is because Allah Almighty says, “Mention Allah’s Name on particular days.” (22:28) It is allowed to sacrifice in forenoon in the second or third day after dawn and before sunrise, but then he has abandoned what is recommended as opposed to the one who sacrifices in the first day after dawn and before sunrise which is not acceptable.]

29.2 c. The Three Days of Sacrifice

There are three ‘days of sacrifice’ and you can make your sacrifice any time up until Maghrib on the last of these days but the best time to make your sacrifice is on the first day. [According to Malik, following a group of the Companions. It is the Day of Sacrifice and the two days after it. The end of the time is sunset on the third day. The best time follows what was done by the Prophet and the Right-Guided Khalifs.]

29.2 d. On the Second Day

If you do not manage to make your sacrifice before midday on the first day some of the people of knowledge say that it is better to wait until the morning of the second day. [This is Ibn Habib Bahram transmitted it from Mālik. Bahram said that they is no disagreement that what is done before midday from the beginning of the day is better than what is after it. There is disagreement about whether what is after midday of it is better than before midday of the second day. That is the apparent meaning of what the Mukhtasar says. It is the school of the Risala. The reliable position is that all of the first day is better than what is after it.]

29.2 e. None of the Animal Can Be Sold

No part of an animal sacrificed for the ‘id may be sold; neither its skin nor anything else. [This is a prohibition. This also applies to an ʿaqīqah (animals sacrificed for the birth of a child). He refutes the one who says that its skin can be sold.]

29.3 Ritual of Sacrifice

29.3 a. Facing Qiblah

The animal you are intending to sacrifice should be made to face the Qiblah (the direction where Makkah [Mecca])[This is in all sacrifices. If it is not done for some excuse or forgetfulness, it is agreed that it can be eaten.]

29.3 b. What is Said When You Slaughter It

You should say, “Bismillahi, Allahu Akbar.” (In the name of Allah. Allah is greater.) [He says both. That is the action of the people. The takbir is sunna, i.e. recommended. The basmala is taken from his words afterwards, and it is the position in the Mudawwana. It is obligatory when remembered and one is able to say it. It is omitted in case of lack of ability and forgetfulness. If he confines himself to it, that is sufficient by the words of Allah, “Eat from that over which the name of Allah has been mentioned.” (6:118) Nothing is a precondition but the name of Allah Almighty.]

29.3 c. What is Said on Īid Sacrifices

If, when sacrificing for the ‘id you add “Rabbana taqabbal minnâa(Our Lord, accept this from us), there is no harm in that. [This means it is recommended. It is also said that it is permission.]

29.3 d. If the Basmalah (Bismillahi-r-Raḥmānir-r-Rahīm) is Forgotten

If you forget to say ‘Bismillah’ when sacrificing an animal for the ‘id or at any other time you are permitted to eat it. However, if the Bismillah is left out deliberately the animal cannot be eaten. [According to the position of the Mudawwana, it is obligatory when remembered.]

29.3 e. When Hunting

The same thing applies to sending hunting animals out after game. [Or shooting an arrow and the like used for hunting. It is eaten. If the basmala is deliberately omitted, it is not eaten by the words of Allah, “Do not eat from that over which the name of Allah has not been mentioned.” (6:121) The Almighty said, “Eat from what they bring you and mention the Name of Allah over it.” (5:4)]

29.4. Use of Animals for Various Types of Sacrifice

29.4  a. Not Sold, but Eaten from and Given Away

It is not permissible to sell the meat, skin, fat, innards, or any other part of an animal that has been sacrificed either for the ‘id or for a new-born child or as part of the Hajj, but you are allowed to eat from such an animal and it is recommended to give some away as sadaqa although it is not obligatory to do this. [This includes horn, wool and hair. It is possible that the excellence is specific or that it refers to combining eating and sadaqa, which is the literal meaning by the words of the Almighty, “Eat from them and feed those who are poor and in need.” (22:28) and His words, “feed both those who ask and those who are too shy to ask” (22:32) whether he asks or not. Giving it all as sadaqa is disliked. There is no definition to how much is eaten or given away. Most forbid feeding the unbeliever from it absolutely, whether a Kitābī (People of the Book [i.e. the Christians and the Jews]) or Magian (the term used for Zoroastrians).]

29.4 b. Not Eating from an Animal Slaughtered for Expiation.

You may not, however, eat from an animal you have sacrificed in expiation for breaking one of conditions of iḥraam (garment worn while performing the Pilgrimage to Makkah [Mecca]) nor for one sacrificed on account of having killed while in ihram nor from one sacrificed as part of a vow you have made to feed the poor nor from ‘hadys’ intended as voluntary sacrifices which for some reason become defective before reaching the place of sacrifice. In any other instances you can eat from your sacrifice if you want. [The hadys‘ (animals to be sacrificed as part of the hajj) are not eaten as opposed to the dhahiyah (animals which are brought to be sacrificed on the Day of al-Ad-ḥaa). The place of sacrifice is Mina if he had the animal at ‘Arafa and it is is within the days of sacrifice, and at Makka if he did not stop there or if the days of sacrifice have passed. It is haram to eat from the these categories after they reach their place because Allah Almighty called the fiḍyah and repayment kaffarah, and a man does not eat from his kaffarah. He excludes himself in the third case and gives it to the poor. He is permitted to eat it before the place because he can still replace it. He is permitted to eat from voluntary hadys when they are defective after reaching the place. He is permitted to eat the al-hadāyā of qiran and tamattu‘ and the al-hadāyā of invalidation, and every al-hadāyā is obliged for missing one of the marks of hajj absolutely before reaching the place and after it by the lack of suspicion before it reaches the place because he can replace it, and after it the business is clear.]

29.5 Slaughtering

29.5 a. Severing the Throat and Carotid Arteries

The correct method of slaughtering is to sever the throat and the carotid arteries and nothing short of that is acceptable. [All of the throat. The throat and arteries must all be cut: this is the position of Saḥnūn and is well known. It is said that it is enough to cut the arteries completely and half the throat. The literal words of the shaykh mean that it is not a precondition to cut the gullet. ‘Iyad said that the gullet is the path of food and drink.]

29.5 b. A Single Stroke

If you take your hand away after severing only part of that and then resume and compete the cutting, the animal cannot be eaten. [It is apparent that it is whether it is a long or short gap, but there is disagreement about when he returns the blade quickly. Sahnun said it is unlawful. Ibn Habib said that it is eaten because all that is asked is that it be immediate and a small disparity is over looked. That is the reliable position. The fiqh of the question is that if he lifts his hand after killing it and returns afterwards, it is not eaten, even if he lifted his hand by necessity. If he lifts his hand before finishing any of the killing, it is eaten, even if he returns afterwards because the second is a separate slaughter.]

29.5c Cutting off the Head

If you cut the head right off you have committed a wrong action, but the animal can be eaten. [Whether it is deliberate, by forgetfulness or an overly sharp knife.]

29.5 d.When the Animal is Slaughtered from the Back of the Neck

You cannot eat an animal which has been slaughtered from the back of the neck. [It has not be slaughtered in the prescribed manner and its death arose out by cutting the spine. If it is killed by such slaughtering, it is not eaten, even if the throat is cut and the knife is hard on the arteries because of the lack of sharpness in the knife and it cuts the arteries from inside. It is not eaten according to the Maliki School.]

29.5 e. Methods of slaughter

Cattle should be slaughtered with a knife but if their throats are pierced with a spear they can still be eaten. [Two forms are permitted in cattle because they have the place of sacrifice and the place of slaughter. The place of sacrifice is the the upper breast. It is not a precondition in nahr slaughter that any of the throat and arteries be cut because the place of the upper breast is the place where the implement reaches the heart and the animal dies quickly.]

29.5 f. Camels

Camels should be pierced in the throat with a spear and if they are slaughtered with a knife they may not be eaten although there is a difference of opinion about this. [It is recommended that camels be slaughtered while they are standing. There is disagreement about eating them if they are slaughtered with a knife. The position that they are not eaten if they are slaughtered like this is found in the Mudawwana. Ibn Habib takes it as a prohibition and Ibn al-Hājib thinks it is well-known. It is what is preferred. Others consider it disliked. The dispute is about when such a slaughter is unnecessary. If it is necessary, as when a camel falls into a hole and its upper chest cannot be reached and it is slaughtered, then it can be eaten by agreement.]

29.5 g. Sheep and Goats

Sheep and goats should be slaughtered with a knife and if their throats are pierced with a spear they should not be eaten although there is a difference of opinion about this also. [This is when it is not due to necessity. The well-known position is that it is forbidden. If it is due to necessity, as when it falls into a hole and slaughtered, there is agreement that it is eaten.]

29.5 h. The Foetus

The slaughter of a mother includes what is in the womb provided that the foetus is fully formed and its hair has grown. [This is part of livestock. If it is slaughtered and there is dead foetus in it, it can be eaten with preconditions. It should be fully developed. This does not mean that all its limbs are perfect. It can be even if missing a leg.]

29.6 Forbidden Foods and Animal By-Products

29.6 a. Various Forms of Death

An animal which has been strangled by a rope or suchlike or one that has been beaten with a stick or some other object or one that has fallen from a height or one that has been gored or one that has been attacked by a wild beast may not be slaughtered and eaten if the animal is going to die from the wounds it has received. [“Such like” includes the spear and the stone. This is because such animals are carrion. If it is hoped that the animal will live, there is no dispute about sacrificing it. If there is no hope of life, Mālik said via Ash-hab that it is not sacrificed and not eaten. It is the position of the shaykh. The school of Ibn al-Qāsim, which is transmitted from Malik, is that it is sacrificed and eaten. It is the preferred position.]

29.6 b. Carrion in Dire Need

There is no harm in eating carrion (mayta) if you are in dire need – [From any living thing except human. If someone in ihram finds both game and carrion, he eats the carrion. If he finds carrion and pig, he eats the carrion. If he only finds pig, he eats it. It is recommended to him to slaughter it and its slaughter is by wounding. At-Tata’i said, “The evident position is that he does not need to slaughter it because slaughter does not benefit that which forbidden to eat.]

29.6 c. How Long Carrion Can Be Eaten

You can eat from it until you are satisfied and take provision from it so long as you throw it away when the need for it no longer exists. [This is is when he fear lack of food in the future. It is permissible for the person compelled to eat carrion when he does not find any other food. If he is forced to take food belonging to other people, it is said that he confines himself to what is necessary for life without filling himself and taking provision, as al-Mawwaq stated. It is said that he eats his fill and does not take provision, as al-Huṭṭāb said. As he is permitted to eat carrion in necessity, he is also allowed to drink all that will repel thirst, like impure water and other impure liquids, like impure rose water except for wine. It s not lawful except to take a swallow. It is of no use in quenching thirst. Indeed, it increases thirst.]

29.6 d. Skins of Carrion

There is no harm in using the skin of a carrion animal if it has been tanned but you cannot prayon it nor can it be sold. [By tanning its smell and moisture is removed. It is understood that it is a precondition that it is not used before it is tanned. It appears from his words that the tanning is used for the skins of all carrion as Saḥnūn and Ibn ‘Abdu-l-Hākam said. It is well-known that tanning is not used for pigskin. It is also apparent from his words that its purity is general to aquatic and other animals, and that it is the case with Saḥnūn and others. The well-known position is that its purity is confined to dry animals. Water alone is what clarifies aquatic animals . However the prayer is not performed on that in the well known position. It is not sold according to one of two transmissions which is well-known in the School.]

29.6 e. Skins of wild animals

There is no harm in doing the prayer on skins of wild animals or selling them if they have been killed correctly. [This means it is permissible. This refers to every animal whose flesh is disliked and so it includes elephants, wolves, foxes, and hyenas provided that they are slaughtered. They can also be sold.]

29.6 f. Wool and Hair of Carrion

You can use wool of a carrion animal or its hair or any other thing which could be taken from the animal when alive, but according to us it is better for it to be washed first. [After shearing and it refers for general use in selling, praying on it, giving it as sadaqah and other things. If it is sold, the fact that it is from carrion should be made clear. It is clear that his words, “and its hair” includes the bristles of pigs. That is the case according to Malik, Ibn al-Qasim and others. It is said that the hair of pigs and dogs are excluded and others say that all of pigs are impure except the hair. The Malikis recommend that wool and other things be washed if you are not certain that they are pure. If you are certain that something is pure, it is not recommended to wash it. If you are certain it is impure, it is obligatory to wash it.]

29.6 g. Feathers, Horns, Teeth, Hooves, Tusks

You cannot use feathers from birds which are carrion or the horns, hooves and teeth of carrion animals. It is disliked to use elephant tusks although there is a difference of opinion about this. [This would appear to contradict his words “or what is taken from them when alive.” He removes the specification by his words, “or pain them.” It is clear that it is prohibition because life makes it allowed.

The dislike of the use of elephant tusks is found in the Mudawwana. But there is disagreement about it as about horn and antlers. There are four positions, and the well-known of them is that all of it is impure based. Ibn Wahb said that it is pure. What is confirmed is that elephant tusks are impure since it is carrion. The position of the Mudawwanah is to dislike oils found in the tusks of elephants, combing with it, and trading in it because it is carrion. As for the tusks of elephants slaughtered, even as a camel, that is disliked, and the dislike is for encourage restraint.]

29.6 h. Liquids in Which a Mouse Dies

Any ghee, oil or liquid honey in which a mouse has died should be thrown away and not eaten although there is no harm in using such oil for lighting purposes provided it is not in a mosque, in which case it should be carefully avoided. [It is not sold. Similar to a mouse is any breathing creature. Liquids are thrown away and not eaten However it can be used for light in places like houses and shops. It is not used in mosques because it is impure and the mosque lamps are not lit by it since they are free from impurities.]

29.6 i. If the Substance is Solid

If the substance is solid, then the mouse should be thrown away along with what is around it and the rest may be eaten, although Saḥnūn said this was the case only if it had not stayed in it a long time, otherwise all of it should be thrown away. [He can sell it although he must make that clear. There is no set amount which is thrown away. That is according to predominant opinion. If it is in it a long time, then the impurity may have spread throughout it.]

29.6 j. Food of the People of the Book

There is no harm in the food of the people of the Book and their slaughtered animals. [He means it is permissible. Allah Almighty says, “And the food of those given the Book is lawful to you.” Most commentators say that what is meant is all slaughtered food is lawful, what is lawful of that and what is unlawful, like when the slaughtered animal has a bad lung. There must be permission to eat if the Kitabi is one of those who does not consider carrion lawful. If he considers it lawful, al- Bakrī said that if is slaughtered in your presence and then it is permitted to eat it. If he is absent from it, it is not permitted.]

29.6 k. Fat of animals slaughtered by Jews

However, it is disliked to eat the fat from animals slaughtered by jews although it is not actually haram. [i..e what is forbidden them by their Shari’a, like the fat of cows and sheep like the fine fat which covers the intestines. If it is said that the fat which are the Jews are foridden by our Shari’a is not unlawful, the answer is that it is a slaughtered part and what is slaughtered is lawful for him and he did not slaughter for other than what is lawful for him. Because it is prohibited for him it is disliked for us to eat it.]

29.6 l. Animals slaughtered by Magians

It is not permissible to eat animals slaughtered by Magians (Zoroastrians) although any of their food that does not involve slaughtering is not haram. [This refers to idolator in general, whether an idolater slaughters for himself or for a Muslim unless he commands him to sacrifice and tells him, “Say, ‘In the name of Allah’ over it’. That can be eaten without disagreement.

Similarly one does not eat the sacrifice of the drunk or mad person, even if they carry out the slaughter, because of the absence of their intellect. Ibn al-Hajib said, “It is valid when done by the discriminating child, and the woman without necessity in the soundest position.” It is permitted to eat unslaughtered food by agreement if he is certain of its purity. If he is certain of its impurity, it is unlawful to eat it. If he doubts it, he considers it impure.]

Published in: Uncategorized on July 30, 2020 at 17:46  Leave a Comment  
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