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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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How do we reconcile the obligation of the 'udhiyah with the reports regarding its abandonment?

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The questioner : The question actually concerns the 'udhiyah, I mean the 'udhiyah. Yes, our brother the questioner asks: How do we reconcile the obligation of the 'udhiyah with the two reports that came in *Irwaa' al-Ghalil* regarding Abu Bakr and 'Umar, or the reports, of course, that it is necessary that 'Abdullah ibn Mas'ud and others used to abandon the 'udhiyah for fear that it would be considered obligatory?

The Shaykh : My answer to this question is from two aspects. The first aspect is to remind our brothers in this gathering, which is a gathering of all good, if Allah wills, of a principle from the principles of the Shari'ah. This principle is the saying of Allah, Blessed and Exalted is He:
And whatever the Messenger has given you - takeوَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ
[Al-Hashr 59:7]
We do not need to lengthen the argument for this principle now, because, praise be to Allah, there is no disagreement regarding them. If a ruling is established in the Sunnah with no room for refutation regarding the indication of the text, it is obligatory to adhere to it, and it should not be disregarded or its implementation suspended due to the opposition of any opponent, whoever that may be. Because the opponent is either a righteous scholar, as mentioned in the question, such as Abu Bakr and Ibn Mas'ud and others, or he is other than that, and these people have no value. As for those who are like Abu Bakr and 'Umar, we say: When the hadith is explicit in the ruling, then we must find an excuse for the one who opposed the Shari'ah ruling, not that we find an excuse for ourselves to oppose the Shari'ah ruling. That is, we say that the one who is established as having abandoned the 'udhiyah for fear that people would understand it to be obligatory, without a doubt, believed in his heart that it was not obligatory. So he is excused if he acted according to the knowledge that reached him. As for us, we have learned the aforementioned hadith. I would have liked to mention another hadith to strengthen its indication, but as you see, time is short and there are many questions. However, I now find myself compelled, even if I lengthen the answer slightly, to strengthen the topic. That second hadith is that the Prophet (peace and blessings be upon him) set conditions for the 'udhiyah, which are known in the books of the Sunnah and the books of fiqh. What concerns us of these conditions is one condition, which is that the slaughter of the 'udhiyah must be after the 'Id prayer, not before the prayer. The slaughter of the 'udhiyah must be after the 'Id prayer, not before the prayer. If a person errs and slaughters his 'udhiyah before the 'Id prayer, he has not performed the 'udhiyah. And this is what happened in the time of the Prophet (peace and blessings be upon him): a man from his Companions (peace and blessings be upon him) slaughtered his 'udhiyah before the 'Id prayer. When he (peace and blessings be upon him) delivered the 'Id sermon, he mentioned that we are now going to slaughter the 'udhiyat, so whoever has slaughtered before the 'Id prayer should repeat his 'udhiyah. So a man from his Companions (peace be upon him) named Abu Najjar, I think, or do you remember?

The questioner : Abu.

The Shaykh : The important thing is that a man from the Companions of the Messenger, whose name is mentioned in the hadith,
A'isha (Allah be pleased with her) reported that a man came to Allah's Apostle (ﷺ) and said: Allah's Messenger, my mother died all of a sudden without making any will. I think if (she could have the opportunity) to speak she would have made a Sadaqa. Would there be any reward for her if I give charity on her behalf? He (the Holy Prophet) said: Yes.قال يا رسول الله أنا كان عندي جذعة
Sahih Muslim 1004d
said: "I slaughtered it before the prayer." He said: "It is only a sheep of meat."

The questioner : Koubard.

The Shaykh : Abu Burdah ibn Niyar. Yes, Abu Burdah ibn Niyar. Yes, this is the Companion. So he (peace and blessings be upon him) said to him: "It is only meat of a sheep that you presented to your family, so repeat it." The point is that the command of the Messenger (peace and blessings be upon him) to repeat the 'udhiyah that was slaughtered before the time does not apply to the Sunnah, but it applies to the obligatory acts. And there are other hadiths. So this is our answer regarding that question: That what is established from the Sunnah of his (peace and blessings be upon him) sayings, and some of the Imams opposed it, whether they were from the Companions or from the mujtahids of the Ummah, the Sunnah is what must be returned to. Yes.
Source سلسلة الهدى والنور، رقم 1246 في قناة «تسجيلات الإمام الألباني - محمد أبو ليلى الأثري» — youtube.com (7:22)

The Arabic text is a machine transcription of the audio recording.

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