What is the ruling if a person makes a sacrificial animal (hady) or an 'Id sacrifice (udhiyah) obligatory upon himself for a debt in his liability, and then it becomes defective?
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The questioner : The thirtieth rule: If one removes money from his ownership in the form of worship. He removed it from...
The Shaykh : Did he remove it or not?
The questioner : I am a mushaf.
The Shaykh : Did he remove it? I have removed it, here?
The questioner : So does it return to his ownership or not? There is scholarly disagreement on this. One example of this is if a person makes a hady or udhiyah obligatory upon himself for a debt in his liability, and then it is designated...
The Shaykh : ...and then it becomes defective.
The questioner : If it becomes defective, it does not discharge the obligation. Does the defective animal return to his ownership? According to his narration...
The Shaykh : ...that it returns. For example, a person has a hady for tamattu' obligatory upon him, and he buys a sheep and designates it, but it becomes defective. It was obligatory in his liability before the designation. Now, if he slaughters it, it does not suffice. He must buy another one. If he buys another one, does the defective one return to his ownership or not?
There is scholarly disagreement on this. In one view, he is required to slaughter it because he designated it, and it does not discharge the obligation from his liability because it was obligatory before the designation. In another view, when he slaughters its replacement, it returns to his liability, to his ownership. This is the correct view, but on the condition that the slaughtered animal is like it or better. As for going to buy, for example, a poor quality one and slaughtering it for what is in his liability, and taking this good one into his ownership, this is not permissible. We say the correct view is that it returns to his ownership on the condition that the one slaughtered is like it or better.
The Shaykh : Did he remove it or not?
The questioner : I am a mushaf.
The Shaykh : Did he remove it? I have removed it, here?
The questioner : So does it return to his ownership or not? There is scholarly disagreement on this. One example of this is if a person makes a hady or udhiyah obligatory upon himself for a debt in his liability, and then it is designated...
The Shaykh : ...and then it becomes defective.
The questioner : If it becomes defective, it does not discharge the obligation. Does the defective animal return to his ownership? According to his narration...
The Shaykh : ...that it returns. For example, a person has a hady for tamattu' obligatory upon him, and he buys a sheep and designates it, but it becomes defective. It was obligatory in his liability before the designation. Now, if he slaughters it, it does not suffice. He must buy another one. If he buys another one, does the defective one return to his ownership or not?
There is scholarly disagreement on this. In one view, he is required to slaughter it because he designated it, and it does not discharge the obligation from his liability because it was obligatory before the designation. In another view, when he slaughters its replacement, it returns to his liability, to his ownership. This is the correct view, but on the condition that the slaughtered animal is like it or better. As for going to buy, for example, a poor quality one and slaughtering it for what is in his liability, and taking this good one into his ownership, this is not permissible. We say the correct view is that it returns to his ownership on the condition that the one slaughtered is like it or better.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 298 - ما الحكم إذا أوجب الشخص هدياً أو أضحية عن واجب في ذمته ثم تعيبت؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
