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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who bought a hady animal and its leg was broken after he designated it?

Machine translationRead the Arabic original
The Shaykh : Yes?

The questioner : The hady whose leg was broken, if I did not do this last year, should I do it this year?

The Shaykh : I mean, was its leg broken before you designated it, or after you had designated it?

The questioner : I bought it to be a hady.

The Shaykh : But did you say, "This is a hady"?

The questioner : Yes, indeed.

The Shaykh : Did you say it like that?

The questioner : Yes, and I slaughtered it.

The Shaykh : Did you slaughter it with that intention?

The questioner : Yes, indeed.

The Shaykh : But before it was broken, did you designate it, or did you buy it intending to make it a hady?

The questioner : No, I bought it to be a hady.

The Shaykh : I mean, suppose a person buys a slave intending to free him as expiation. Does he have to free him before saying, "You are free"?

The questioner : No.

The Shaykh : He does not free him, even though he bought him with the intention of freeing him, but he does not free him until he says he is free. If he buys a house to make it an endowment, is that his intention enough, or must he say, "This is an endowment"?

The questioner : He must say it.

The Shaykh : This is also the case with the udhiyah or the hady. He bought this sheep to be a hady, yes, but did he say it is a hady?
If that is the case, then 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 : Now, Shaykh, while I was buying it, I intended it to be a hady.

The Shaykh : But did you say with your tongue, "This is a hady," or not?

The questioner : Yes, I said it.

The Shaykh : With your tongue?
Did you say it with your tongue, and then it broke after you said that?

The questioner : Yes.

The Shaykh : Then, praise be to Allah, it suffices, as long as the cause of its breaking was not from you. I mean, for example, you took it, milked it from the car, or you frightened it so that it jumped from the car. The point is, if it was not from you, then it suffices for you.

The questioner : May Allah reward you.

The Shaykh : Yes?

The questioner : Regarding the designation, Shaykh, some of the common people do not know how to say, "This is a hady."

The Shaykh : Yes.

The questioner : Some of the common people buy it on the basis that it is a hady.

The Shaykh : Yes.

The questioner : But they do not designate it.

The Shaykh : If he does not say that this is a hady, or for example, someone asks him, "What is this?" and he says, "This is a hady," for example, then this does not become a hady.

The questioner : Because this issue, seventy percent of people now buy the hady on the basis that it is a hady.

The Shaykh : Praise be to Allah, we say, as long as it is defective, leave it and buy another.

The questioner : But he designated it, the designation.

The Shaykh : The question now, may Allah reward you, is about the one that became defective before the designation, the brother's question.

The questioner : Yes.

The Shaykh : But now it has become clear, praise be to Allah, that he had designated it beforehand.

The questioner : I mean the designation. If I did not say that this is a hady, but I bought it as a hady.

The Shaykh : It does not become a hady.

The questioner : Many people now.

The Shaykh : For this reason, it is permissible for you to sell it. I mean, if you bought it as a hady.

The questioner : The majority.

The Shaykh : Wait, if you bought it as a hady and someone met you and asked, "How much did you buy it for?" and you said, for example, "Two hundred," and he said, "Take two hundred and fifty," you may sell it to him because you did not designate it.

The questioner : We need guidance now, Shaykh, because many people now buy the hady and simply do not designate it.

The Shaykh : The majority, may Allah reward you, do not say anything. If he slaughters it, it is designated, because designation happens either by speech or by slaughter.

The questioner : Yes.

The Shaykh : So the slaughter is considered a designation, do you understand?

The questioner : Yes.

The Shaykh : What remains for us is the intention without speech or slaughter. This is not designated.

The questioner : This is what happens with the agent, Shaykh. From the Rajhi, I give him money and do not designate it or anything.

The Shaykh : This is the problem with the issue of the Rajhi. There are problems with the Rajhi or others, or with relief efforts. There is a problem now, because for example, if two thousand heads gather at the relief effort, how can they manage to designate them and say, "This is Musa's udhiyah, and this is Muhammad's sacrifice, and this is Abdullah's"? They are not able to do so. They slaughter for the group. Now, I do not know where my udhiyah went. I told you during the conversation that deviating from the prescribed method must involve problems.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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