If a man bequeaths that a sacrifice be performed on his behalf after his death, is it called an udhiyah or a sadaqah?
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The questioner : The sacrifices are on the day of the festival, immediately after the prayer... for the living or for the dead?
The Shaykh : For the living.
The questioner : For the living. Can I ask you... whether the slaughter is valid for him afterwards.
The Shaykh : Ask Abu Rida about it.
The questioner : Yes, I understood that it is called an udhiyah, and that Bismillah and Allahu Akbar are said after the festival prayer?
The Shaykh : Why did I say that the udhiyah that Abu Rida asked about is during the days of the festival? So that I know that it is an udhiyah.
The questioner : I asked: Is the udhiyah prescribed for the dead? That is my question. So he calls it an udhiyah; is it prescribed after his death for the deceased to be called an udhiyah and to be treated as an udhiyah is treated?
The Shaykh : Who slaughters the udhiyah for the deceased on the day of the festival? The question you mean; is it his son or someone else?
The questioner : I am now, I have no son of his, but he bequeathed from his wealth that a sacrificial animal be slaughtered for him.
The Shaykh : Okay, is this a bequest of disobedience or of obedience?
The questioner : No, obedience, but is this bequest called an udhiyah because the man is dead, is it called an udhiyah or a sadaqah from the sadaqat? ... .
The Shaykh : Yes, but when the bequest is that an udhiyah is slaughtered for him, what does udhiyah mean? It is slaughtered during the days of 'Id al-Adha.
The questioner : Is this prescribed for the deceased on the day of 'Adha?
The Shaykh : Like if he bequeathed.
The questioner : I am a stranger to him, I have no son of his.
The Shaykh : Like if he bequeathed that Hajj be performed on his behalf, what is the difference between this and that?
The questioner : But I know the udhiyah for the living.
The Shaykh : Let me know what you know, what do I want from what you know, and Hajj too you know it for the living.
The questioner : For every living Muslim household an udhiyah, and this is from the words of Muhammad (peace and blessings be upon him). For the dead it is considered a sadaqah... And as for calling it an udhiyah, the udhiyah is for the living, you know that it is for him and his household.
The Shaykh : You are tormenting yourself, Professor,Sunan al-Bayhaqi 17:43, who are the family of Muhammad? Only the living?
The questioner : Or the dead too?
The Shaykh : Of course, the family of Muhammad, even you have the second hadith, and about whom is it?
The questioner; for the living.
The Shaykh : No, for - also - those who said the word of tawhid in the hadith, in the sentence - also - in ... .
The questioner : ... Muhammad, yes, and about whom did La ilaha illa Allah... the word.
The Shaykh : Yes, that is not its meaning, even those who have not come yet, not just the living, in any case.
Yes?
The questioner : ... testified for me ... .
The Shaykh : Yes, that means the hadith is broader, nevertheless I am not in the context of the hadith, the original rule in all acts of worship is that the one obligated is the living, and acts of worship are divided into two categories as you know, some are fard and some are nafil voluntary, okay, so it is obligatory for the one who is able - as we said, and as is known - to perform Hajj for himself, and he performed Hajj for himself, and wrote a will that a person perform Hajj for me; is it not permissible for him to perform Hajj on his behalf?
The questioner : I did not contradict you, I only asked about the udhiyah, may Allah bless you.
The Shaykh : May Allah bless you, when I ask you about Hajj you tell me: I did not contradict you, I take this method to convince you in that which you contradict me in, what is the difference between the...
The questioner : ... .
The Shaykh : Be patient, be patient a little, what is the difference between a person who bequeathed a will containing two things, that Hajj be performed for me one year, and that an udhiyah be performed for me five years, an udhiyah every year; what is the difference between this and that?
The questioner : No, there is nothing.
The Shaykh : How is there nothing?!
The questioner : But the udhiyah for the deceased, I when...
The Shaykh : I did not understand you, how is there nothing and you are contradicting me in this second one?
The questioner : We are in the text of the udhiyah, the udhiyah is what I know is prescribed for every Muslim household, for its living members, this udhiyah.
The Shaykh: Yes.
The questioner : And as for the deceased, it is not customary and I do not know... that there is that an udhiyah is performed for the deceased, I do not know this, and as for the deceased, an udhiyah is not performed for him, rather a sadaqah is given on his behalf, a sadaqah meaning, we do not know that a living person or a man performed an udhiyah for the dead and said: this is the udhiyah of so-and-so who is dead... .
The Shaykh : He performs the udhiyah for himself, not the..., my brother... what happened with that issue, the research was about a man who bequeathed that an udhiyah be performed for him, what happened with this research? Did we agree that it is permissible to execute the will? Did we agree?
The questioner : The will is executed, but...
The Shaykh : Did we agree that this...
The questioner : This bequest.
The Shaykh : There is no power nor strength except with Allah, no.
The questioner : As for me, I intend so that it does not... that this bequest.
The Shaykh: All right.
The questioner : The bequest, we consider it like a trust.
The Shaykh: Of course.
The questioner : So this trust, this bequest, he bequeathed that an udhiyah be performed from within the thousand pounds.
The Shaykh : An udhiyah, yes.
The questioner : The udhiyah; does the executor, the one bequeathed to, mean?
The Shaykh : The one bequeathed to, yes, the one bequeathed, yes.
The questioner : The bequeather himself.
The Shaykh : The one entrusted with executing the will.
The questioner: Yes.
The Shaykh : To eat from it.
The questioner : To eat from it, it is considered a trust with him.
The Shaykh : I tell you: if it is known that the original ruling in the udhiyah is that the one who performs it eats from it, gives charity, and stores it, and this executor is like an agent for the bequeather; then he has, consequently, like the bequeather himself if he slaughtered it himself, the right to eat from it if he wishes; so the executor - also - - that is: the one entrusted with executing this will from the bequeather - has the right to eat from it if he wishes, except if the text of the bequeather is that this udhiyah is distributed to the poor and neither the bequeather nor his closest relatives eat from it; then at that time the condition of the bequeather is executed, but if he left it general, the ruling of the udhiyah in the original applies to this udhiyah that this bequeather bequeathed.
The questioner : ... another question?
The Shaykh: Yes.
The Shaykh : For the living.
The questioner : For the living. Can I ask you... whether the slaughter is valid for him afterwards.
The Shaykh : Ask Abu Rida about it.
The questioner : Yes, I understood that it is called an udhiyah, and that Bismillah and Allahu Akbar are said after the festival prayer?
The Shaykh : Why did I say that the udhiyah that Abu Rida asked about is during the days of the festival? So that I know that it is an udhiyah.
The questioner : I asked: Is the udhiyah prescribed for the dead? That is my question. So he calls it an udhiyah; is it prescribed after his death for the deceased to be called an udhiyah and to be treated as an udhiyah is treated?
The Shaykh : Who slaughters the udhiyah for the deceased on the day of the festival? The question you mean; is it his son or someone else?
The questioner : I am now, I have no son of his, but he bequeathed from his wealth that a sacrificial animal be slaughtered for him.
The Shaykh : Okay, is this a bequest of disobedience or of obedience?
The questioner : No, obedience, but is this bequest called an udhiyah because the man is dead, is it called an udhiyah or a sadaqah from the sadaqat? ... .
The Shaykh : Yes, but when the bequest is that an udhiyah is slaughtered for him, what does udhiyah mean? It is slaughtered during the days of 'Id al-Adha.
The questioner : Is this prescribed for the deceased on the day of 'Adha?
The Shaykh : Like if he bequeathed.
The questioner : I am a stranger to him, I have no son of his.
The Shaykh : Like if he bequeathed that Hajj be performed on his behalf, what is the difference between this and that?
The questioner : But I know the udhiyah for the living.
The Shaykh : Let me know what you know, what do I want from what you know, and Hajj too you know it for the living.
The questioner : For every living Muslim household an udhiyah, and this is from the words of Muhammad (peace and blessings be upon him). For the dead it is considered a sadaqah... And as for calling it an udhiyah, the udhiyah is for the living
This is about Muhammad and about the family of Muhammad
هذا عن محمد وعن وآل محمدThe Shaykh : You are tormenting yourself, Professor,
from Muhammad and the family of Muhammad
عن محمد وآل محمدThe questioner : Or the dead too?
The Shaykh : Of course, the family of Muhammad, even you have the second hadith, and about whom is it?
The questioner
Whoever from the Ummah of Muhammad did not perform the udhiyah
من لم يضحِّ من أمة محمدThe Shaykh : No, for - also - those who said the word of tawhid in the hadith, in the sentence - also - in ... .
The questioner : ... Muhammad, yes, and about whom did La ilaha illa Allah... the word.
The Shaykh : Yes, that is not its meaning, even those who have not come yet, not just the living, in any case.
Yes?
The questioner : ... testified for me ... .
The Shaykh : Yes, that means the hadith is broader, nevertheless I am not in the context of the hadith, the original rule in all acts of worship is that the one obligated is the living, and acts of worship are divided into two categories as you know, some are fard and some are nafil voluntary, okay, so it is obligatory for the one who is able - as we said, and as is known - to perform Hajj for himself, and he performed Hajj for himself, and wrote a will that a person perform Hajj for me; is it not permissible for him to perform Hajj on his behalf?
The questioner : I did not contradict you, I only asked about the udhiyah, may Allah bless you.
The Shaykh : May Allah bless you, when I ask you about Hajj you tell me: I did not contradict you, I take this method to convince you in that which you contradict me in, what is the difference between the...
The questioner : ... .
The Shaykh : Be patient, be patient a little, what is the difference between a person who bequeathed a will containing two things, that Hajj be performed for me one year, and that an udhiyah be performed for me five years, an udhiyah every year; what is the difference between this and that?
The questioner : No, there is nothing.
The Shaykh : How is there nothing?!
The questioner : But the udhiyah for the deceased, I when...
The Shaykh : I did not understand you, how is there nothing and you are contradicting me in this second one?
The questioner : We are in the text of the udhiyah, the udhiyah is what I know is prescribed for every Muslim household, for its living members, this udhiyah.
The Shaykh: Yes.
The questioner : And as for the deceased, it is not customary and I do not know... that there is that an udhiyah is performed for the deceased, I do not know this, and as for the deceased, an udhiyah is not performed for him, rather a sadaqah is given on his behalf, a sadaqah meaning, we do not know that a living person or a man performed an udhiyah for the dead and said: this is the udhiyah of so-and-so who is dead... .
The Shaykh : He performs the udhiyah for himself, not the..., my brother... what happened with that issue, the research was about a man who bequeathed that an udhiyah be performed for him, what happened with this research? Did we agree that it is permissible to execute the will? Did we agree?
The questioner : The will is executed, but...
The Shaykh : Did we agree that this...
The questioner : This bequest.
The Shaykh : There is no power nor strength except with Allah, no.
The questioner : As for me, I intend so that it does not... that this bequest.
The Shaykh: All right.
The questioner : The bequest, we consider it like a trust.
The Shaykh: Of course.
The questioner : So this trust, this bequest, he bequeathed that an udhiyah be performed from within the thousand pounds.
The Shaykh : An udhiyah, yes.
The questioner : The udhiyah; does the executor, the one bequeathed to, mean?
The Shaykh : The one bequeathed to, yes, the one bequeathed, yes.
The questioner : The bequeather himself.
The Shaykh : The one entrusted with executing the will.
The questioner: Yes.
The Shaykh : To eat from it.
The questioner : To eat from it, it is considered a trust with him.
The Shaykh : I tell you: if it is known that the original ruling in the udhiyah is that the one who performs it eats from it, gives charity, and stores it, and this executor is like an agent for the bequeather; then he has, consequently, like the bequeather himself if he slaughtered it himself, the right to eat from it if he wishes; so the executor - also - - that is: the one entrusted with executing this will from the bequeather - has the right to eat from it if he wishes, except if the text of the bequeather is that this udhiyah is distributed to the poor and neither the bequeather nor his closest relatives eat from it; then at that time the condition of the bequeather is executed, but if he left it general, the ruling of the udhiyah in the original applies to this udhiyah that this bequeather bequeathed.
The questioner : ... another question?
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.