Ruling on slaughtering the sacrificial animal if its leg is broken
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Why did we grant a dispensation for the elderly, the weak, and those in distress to leave Muzdalifah before the time, but we did not grant them a dispensation to throw the pebbles before the time?
We granted a dispensation for the weak to depart from Muzdalifah because the Messenger of Allah (peace and blessings be upon him) granted them a dispensation.
The questioner: Should it not be analogized to throwing the pebbles?The Shaykh: The analogy is not valid because the operative cause existed in the time of the Messenger (peace and blessings be upon him). The crowding that occurs at the throwing of the pebbles during the days of Tashriq is the same as that which occurs at the throwing of the Jamrat al-Aqabah on the day of Eid, and yet no dispensation was granted to them.
The questioner: Is the sacrificial animal given to the one who walks and others?Answer: There is nothing wrong with the one who is unable to slaughter it himself, or through his direct agent, giving it to the one who walks.
The questioner: If the sacrificial animal had its hand broken, and I did not do this last year, should I do it this year?The Shaykh: Did its hand break before you designated it, or after you designated it?The questioner: After I designated it.
The Shaykh: Did you say it like that?The questioner: Yes, and I slaughtered it.
The Shaykh: You slaughtered it with this intention, but before it broke, did you designate it, or did you buy it and intend to make it a sacrificial animal?The questioner: No, I bought it as a sacrificial animal.
The Shaykh: Suppose a person buys a slave intending to free him as expiation; does he become free before he says, "You are free"?The questioner: No.
The Shaykh: He does not become free, even though he bought him with the intention of freeing him,But he does not become free until he says: "You are free,"Also: He bought a house to make it an endowment; this is his intention. Does the house become an endowment merely by the purchase,Or he must say: Is this an endowment?The questioner: He must say: This is an endowment.
The Shaykh: Similarly, regarding the 'Id sacrifice or the sacrificial animal, if he bought this sheep to be a sacrificial animal, did he say that it is a sacrificial animal? If so, it is now designated. If he did not say that, it is designated by the slaughter, but on the condition that it is slaughtered while it is sound.
The questioner: I, O Shaykh, during my purchase of it, my intention was that it is a sacrificial animal.
The Shaykh: But did you say with your tongue that this is a sacrificial animal, or not?The questioner: Yes, I said it.
The Shaykh: With your tongue?The questioner: Yes.
The Shaykh: Then it broke after you said that?The questioner: Yes.
The Shaykh: Then, praise be to Allah, it suffices, as long as its breaking was not due to you. Did you take it and take it out of the car, or did you frighten it so that it jumped out of the car? The important thing is that if it was not due to you, it suffices for you.
The questioner: Some of the common people do not designate and say: This is my sacrificial animal, but they buy it on the basis that it is with the intention of being a sacrificial animal, but they do not designate it?The Shaykh: If he does not say: This is my sacrificial animal,Or if someone asks him: What is this?He said: This is a sacrificial animal, then it is not a sacrificial animal.
The questioner: Because most people buy the sacrificial animal on the basis that it is a sacrificial animal, but they do not designate it.
The Shaykh: We say: As long as it is defective, leave it and buy another. The questioner: It is not defective, but it is designated.
The Shaykh: The question now, may Allah reward you, is about the one that was defective before the designation, but now it has become clear that it was designated before.
The questioner: But I mean for you, O Shaykh, the designation: if you did not designate that this is a sacrificial animal, but you bought it as a sacrificial animal?The Shaykh: It did not become a sacrificial animal, and for this reason it is permissible for you to sell it, because if you bought it as a sacrificial animal,And you found someone who said: How much did you buy this for?She says: For two hundred,He said: I want it for two hundred and fifty. You may sell it to him, because you did not designate it by word.
The questioner: There are many people now who buy the sacrificial animal and do not designate it.
The Shaykh: But the common practice is that it is slaughtered and he has not said anything. If he slaughters it, it is designated, because designation occurs either by speech or by slaughter, so slaughter is considered designation, but intention without speech or slaughter is not valid.
The questioner: This is like the agency of al-Rajhi; I give him the money and I have not seen it and have not designated it.
The Shaykh: This problem, whether from the agency of al-Rajhi or other agencies or relief organizations, is a problem; because relief organizations now, if they gather a thousand heads, do not say: This is Musa's 'Id sacrifice, and this is Muhammad's 'Id sacrifice, and this is Abdullah's 'Id sacrifice, but they want to slaughter it for this group. Well! I do not know now where my 'Id sacrifice is.
And I told you during the conversation: Departing from the prescribed practice must lead to problems.
We granted a dispensation for the weak to depart from Muzdalifah because the Messenger of Allah (peace and blessings be upon him) granted them a dispensation.
The questioner: Should it not be analogized to throwing the pebbles?The Shaykh: The analogy is not valid because the operative cause existed in the time of the Messenger (peace and blessings be upon him). The crowding that occurs at the throwing of the pebbles during the days of Tashriq is the same as that which occurs at the throwing of the Jamrat al-Aqabah on the day of Eid, and yet no dispensation was granted to them.
The questioner: Is the sacrificial animal given to the one who walks and others?Answer: There is nothing wrong with the one who is unable to slaughter it himself, or through his direct agent, giving it to the one who walks.
The questioner: If the sacrificial animal had its hand broken, and I did not do this last year, should I do it this year?The Shaykh: Did its hand break before you designated it, or after you designated it?The questioner: After I designated it.
The Shaykh: Did you say it like that?The questioner: Yes, and I slaughtered it.
The Shaykh: You slaughtered it with this intention, but before it broke, did you designate it, or did you buy it and intend to make it a sacrificial animal?The questioner: No, I bought it as a sacrificial animal.
The Shaykh: Suppose a person buys a slave intending to free him as expiation; does he become free before he says, "You are free"?The questioner: No.
The Shaykh: He does not become free, even though he bought him with the intention of freeing him,But he does not become free until he says: "You are free,"Also: He bought a house to make it an endowment; this is his intention. Does the house become an endowment merely by the purchase,Or he must say: Is this an endowment?The questioner: He must say: This is an endowment.
The Shaykh: Similarly, regarding the 'Id sacrifice or the sacrificial animal, if he bought this sheep to be a sacrificial animal, did he say that it is a sacrificial animal? If so, it is now designated. If he did not say that, it is designated by the slaughter, but on the condition that it is slaughtered while it is sound.
The questioner: I, O Shaykh, during my purchase of it, my intention was that it is a sacrificial animal.
The Shaykh: But did you say with your tongue that this is a sacrificial animal, or not?The questioner: Yes, I said it.
The Shaykh: With your tongue?The questioner: Yes.
The Shaykh: Then it broke after you said that?The questioner: Yes.
The Shaykh: Then, praise be to Allah, it suffices, as long as its breaking was not due to you. Did you take it and take it out of the car, or did you frighten it so that it jumped out of the car? The important thing is that if it was not due to you, it suffices for you.
The questioner: Some of the common people do not designate and say: This is my sacrificial animal, but they buy it on the basis that it is with the intention of being a sacrificial animal, but they do not designate it?The Shaykh: If he does not say: This is my sacrificial animal,Or if someone asks him: What is this?He said: This is a sacrificial animal, then it is not a sacrificial animal.
The questioner: Because most people buy the sacrificial animal on the basis that it is a sacrificial animal, but they do not designate it.
The Shaykh: We say: As long as it is defective, leave it and buy another. The questioner: It is not defective, but it is designated.
The Shaykh: The question now, may Allah reward you, is about the one that was defective before the designation, but now it has become clear that it was designated before.
The questioner: But I mean for you, O Shaykh, the designation: if you did not designate that this is a sacrificial animal, but you bought it as a sacrificial animal?The Shaykh: It did not become a sacrificial animal, and for this reason it is permissible for you to sell it, because if you bought it as a sacrificial animal,And you found someone who said: How much did you buy this for?She says: For two hundred,He said: I want it for two hundred and fifty. You may sell it to him, because you did not designate it by word.
The questioner: There are many people now who buy the sacrificial animal and do not designate it.
The Shaykh: But the common practice is that it is slaughtered and he has not said anything. If he slaughters it, it is designated, because designation occurs either by speech or by slaughter, so slaughter is considered designation, but intention without speech or slaughter is not valid.
The questioner: This is like the agency of al-Rajhi; I give him the money and I have not seen it and have not designated it.
The Shaykh: This problem, whether from the agency of al-Rajhi or other agencies or relief organizations, is a problem; because relief organizations now, if they gather a thousand heads, do not say: This is Musa's 'Id sacrifice, and this is Muhammad's 'Id sacrifice, and this is Abdullah's 'Id sacrifice, but they want to slaughter it for this group. Well! I do not know now where my 'Id sacrifice is.
And I told you during the conversation: Departing from the prescribed practice must lead to problems.
