The Twentieth Benefit: The Permissibility of Branding a Beast.
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Eid Abbasi : The Twentieth:
It concerns the permissibility of branding a beast, not with the intention of torturing it, but for a legitimate Shari'ah interest to distinguish it from being mixed with others, as we have mentioned, because it was from the camels of zakah. Similarly, marking it (ish'ar) is permissible. Marking the hady is when a person intends to perform Hajj, it is permissible for him to designate, for example, a specific beast to take with him to be his hady in Hajj. That is, he takes his mount with him; suppose he travels from Madinah, as the Prophet (peace and blessings be upon him) and some of the Companions did in the Farewell Pilgrimage. They took their hady with them; some of them drove their hady from Madinah. It is a Sunnah to mark this hady. Marking it means identifying it with a mark, such as a cut with a knife or branding with fire, so that it is visible and some blood flows from it onto its body. Although this involves some pain and hardship for the beast, a text has come down regarding it, contrary to the Hanafis who dislike it and forbid it. The action of the Messenger (peace and blessings be upon him) is a proof against them in this hadith and in the Farewell Pilgrimage itself, when he (peace and blessings be upon him) and his Companions marked their hady. They say it is imitation (tamthil); how can the action of the Messenger (peace be upon him) be described as forbidden imitation? Yes.
The questioner : ... .
Eid Abbasi: We are.
The questioner : ... .
Eid Abbasi : We do not say that branding is obligatory; rather, it is permissible. In that time, that method was perhaps the closest, most courageous, easiest, and best.
The questioner : In our current time.
Eid Abbasi : In any case, we say it is permissible. If a person finds or sees, by Allah, another means, he should resort to it, as branding is not an obligation. It is a method of distinction, for example, of the camels of zakah or his livestock from others. So it is not obligatory, but it is permissible. If a person prefers another means, there is no blame on him as long as it is permissible.
The questioner : Is branding only done with fire?
Eid Abbasi : By Allah, branding is done with branding (fire), yes.
The questioner : If it were...
Another questioner : ... .
Eid Abbasi : My brother, what is the method, I mean?
The questioner : ... in things...
Eid Abbasi : The important point is that, similarly, marking the hady to show that it is chosen hady to be offered to Allah (Mighty and Majestic), as with the hady that the pilgrim or the one performing 'Umrah drives from his country to Makkah.
It concerns the permissibility of branding a beast, not with the intention of torturing it, but for a legitimate Shari'ah interest to distinguish it from being mixed with others, as we have mentioned, because it was from the camels of zakah. Similarly, marking it (ish'ar) is permissible. Marking the hady is when a person intends to perform Hajj, it is permissible for him to designate, for example, a specific beast to take with him to be his hady in Hajj. That is, he takes his mount with him; suppose he travels from Madinah, as the Prophet (peace and blessings be upon him) and some of the Companions did in the Farewell Pilgrimage. They took their hady with them; some of them drove their hady from Madinah. It is a Sunnah to mark this hady. Marking it means identifying it with a mark, such as a cut with a knife or branding with fire, so that it is visible and some blood flows from it onto its body. Although this involves some pain and hardship for the beast, a text has come down regarding it, contrary to the Hanafis who dislike it and forbid it. The action of the Messenger (peace and blessings be upon him) is a proof against them in this hadith and in the Farewell Pilgrimage itself, when he (peace and blessings be upon him) and his Companions marked their hady. They say it is imitation (tamthil); how can the action of the Messenger (peace be upon him) be described as forbidden imitation? Yes.
The questioner : ... .
Eid Abbasi: We are.
The questioner : ... .
Eid Abbasi : We do not say that branding is obligatory; rather, it is permissible. In that time, that method was perhaps the closest, most courageous, easiest, and best.
The questioner : In our current time.
Eid Abbasi : In any case, we say it is permissible. If a person finds or sees, by Allah, another means, he should resort to it, as branding is not an obligation. It is a method of distinction, for example, of the camels of zakah or his livestock from others. So it is not obligatory, but it is permissible. If a person prefers another means, there is no blame on him as long as it is permissible.
The questioner : Is branding only done with fire?
Eid Abbasi : By Allah, branding is done with branding (fire), yes.
The questioner : If it were...
Another questioner : ... .
Eid Abbasi : My brother, what is the method, I mean?
The questioner : ... in things...
Eid Abbasi : The important point is that, similarly, marking the hady to show that it is chosen hady to be offered to Allah (Mighty and Majestic), as with the hady that the pilgrim or the one performing 'Umrah drives from his country to Makkah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.