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Resolutions of Iftaa' Board

Resolution No.(192): "Ruling on Eating from a Vowed Sacrifice"

Date Added : 22-11-2015

Resolution No.(192)(12/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Eating from a Vowed Sacrifice"

Date: 2/ Moharam/1435 AH, corresponding to 6/11/2013 AD.

All perfect praise is due to Allah , The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

On its tenth session held on the above mentioned date, the Board reviewed a question emailed by one of the citizens, and it reads as follows: "I have vowed to sacrifice a calf for the Sake of Allah. Is it permissible for me and  my family to eat from it?"

After researching and deliberating, the Board arrived at the following decision:

Eating from the vowed sacrifice is one of the controversial issues among the Muslim Jurists, because some of them say that it takes the same rules of the sacrifice (Udhiyah), where the person, offering it, and his family are permitted to eat a third of its meat; whereas, some say that it takes the rules of the vow in terms of being donated for the sake of Allah, where the vow-taker and his family aren`t permitted to eat from its meat.

On their part, the Hanafite and the Shafite Jurists have forbidden the vow-taker to eat from the meat of the vowed sacrifice. Kindly refer to the book [Asna al-Mataleb, vol./pp.545].

Whereas, the Malikite and Hanbalite Jurists have permitted the vow-taker to eat from his vowed sacrifice. Al-Dosoukhi said: "If the vow-taker didn`t specify a certain animal and didn`t specify that it is vowed as a charity for the poor and needy, then he is permitted to eat from its meat." {Al-Hasheyah}. And Allah Knows Best.

 

Taking the above question* into consideration, the Iftaa` Board is of the view that it is permissible for the questioner to eat from his vowed sacrifice giving preponderance to the rules that apply to the Udhiyah.

 

Chairman of the Iftaa` Board

The General Mufti of The Hashemite Kingdom of Jordan/Abd Al-Kareem Al-Khasawneh .

Prof.Haiel Abd Al-Hafeed /member       Prof.Abd Al-Naasir Abu Al-Basal

His Eminence, Sheikh Sa`id Al-Hijawi/member           Dr.Yahia Al-Botosh

Prof.Mohammad Al-Gdah/ member              Dr. Mohammad Khair Al-E`sa

Dr.Wasif Al-Bakri / member           Dr. Mohammad Al-Khalayleh/member

Dr.Mohammad Al-Zo`bi/member      

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Summarized Fatawaa

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

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