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Statement on Udhiyah as one of the Central Rituals on Eid al-Adha
Author : The General Iftaa` Department
Date Added : 04-07-2023

Statement on Udhiyah as one of the Central Rituals on Eid al-Adha

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

The ritual of Udhiyah (Sacrificial animal offered during Eid al-Adha) is one of the great rituals of Allah, which includes the meaning of offering sacrifice for His sake, and promoting the values of social solidarity and cooperation between people through preserving human life, feeding the poor and needy, and spreading love among the people. Almighty Allah says {What means}: " It is not their meat nor their blood, that reaches God: it is your piety that reaches Him: He has thus made them subject to you, that ye may glorify God for His Guidance to you and proclaim the good news to all who do right." {Al-Haj, 37}. He also says {What means}:  "then eat ye thereof and feed the distressed ones in want." {al-Haj, 28}. 

 

Islam is the religion of mercy and kindness, which Allah the Almighty and His Noble Prophet have enjoined as far as dealing with all elements of life is concerned. Shaddad bin Aus (RAA) narrated that the Messenger of Allah (PBUH) said: "Verily, Allah has prescribed proficiency in all things. Thus, if you kill, kill in the least painful manner you can; and when you slaughter an animal, do it in the best possible way; and any of you should sharpen his blade so that the animal may be spared from the suffering of the slaughtering." {Transmitted by Muslim}. Therefore, the Muslim's view of the elements of the environment is not aggressive or vengeful. Rather, it rests on sustaining, reforming and preserving these elements, and this is one of the principles of Islamic law. Allah says {What means}: "Do no mischief on the earth, after it hath been set in order, but call on Him with fear and longing (in your hearts): for the Mercy of God is (always) near to those who do good." {Al-A`raf, 56}. It is not permissible for someone who does not understand the high meanings of Udhiyah to be led by deceptive emotions and illusionary mood to stir up sedition in society by criticizing one of the rituals of Allah for a suspicion that has come to his mind. This is in order not be amongst those addressed in the following verse: "But say not - for any false thing that your tongues may put forth,- "This is lawful, and this is forbidden," so as to ascribe false things to God. For those who ascribe false things to God, will never prosper." {An-Nahil, 116}. Verily, Allah, the Most High, Who has ordained sacrifice, is the Most Merciful and the Most Compassionate. No one is more merciful to His creation than He is. He is the Most Wise and the Most Knowing. Therefore, it is not permissible for anyone to transgress His rulings or to delve into them without knowledge. Allah says {What means}: " Yet there is among men such a one as disputes about God, without Knowledge, without Guidance, and without a Book of Enlightenment,-" {Al-Haj, 8}.

 

We also emphasize the fact that some people slaughtering these sacrificial animals without kindness and mercy is contrary to the guidance of the Prophet (PBUH) and his Sunnah and the rules of one of the greatest rites of Allah the Almighty. Allah says {What means}: "Such (is his state): and whoever holds in honour the symbols of God, (in the sacrifice of animals), such (honour) should come truly from piety of heart." {Al-Haj, 32}.

 

We ask Allah to protect our country from the evils of sedition, concealed and revealed. "But God tells (you) the Truth, and He shows the (right) Way." {Al-Ahzab, 4}. And all perfect praise be to Allah the Lord of the Worlds.

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Summarized Fatawaa

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

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