The ruling on one who slaughters the sacrificial animal before the Day of 'Id in Hajj
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Question:
We thank Allah and then we thank you for this blessed gathering, may Allah place it in the scale of your good deeds on the Day of Resurrection. My esteemed father, I came from Egypt with my family to perform the obligatory Hajj, and they were with a guide (mutawwif), along with a very large number of pilgrims. I went to accompany them before the Hajj, and I found that the person in charge of them had told them: It is necessary to perform, or to slaughter, the sacrificial animal before the Day of 'Id. He collected money from them and did that for them. When I told him: This is a mistake, he said: We have been doing this for years, based on a fatwa with the opinion of Imam al-Shafi'i in Egypt with our guide. He slaughtered for them on the seventh of Dhu al-Hijjah, and another group after that, before the 'Id. And I said: Indeed, Allah said: In the name of Allah, the Most Merciful, the Most Compassionate: [Al-Kawthar:2] And I understood that among the pillars of Hajj is: slaughtering, starting from the Day of 'Id, to the last of the days of Tashriq, to the best of my knowledge. What is the correct ruling, and if he erred, what is the remedy, knowing that all the pilgrims present were ignorant of this, and they had entrusted the person in charge of them based on his fatwa for them?
Answer:
Slaughtering is not among the pillars of Hajj. The pillars of Hajj are: entering the state of ihram, standing at 'Arafah, circumambulation (tawaf), and walking between al-Safa and al-Marwah (sa'y). These are its pillars. Slaughtering is not among the pillars of Hajj, but rather it is obligatory for some pilgrims, not all pilgrims. It is obligatory for the one who performs tamattu' by combining 'Umrah with Hajj, which is the one who enters ihram for 'Umrah in the months of Hajj, then enters ihram for Hajj afterwards in the same year, or enters ihram for both together, for Hajj and 'Umrah together. This is the one upon whom the sacrificial animal is due.
And the obligatory thing is to slaughter on the days of slaughter: the Day of 'Id, the eleventh, the twelfth, and the thirteenth. These are the days of slaughter, four days according to the correct opinion. It is obligatory that the slaughter be in these days. The Prophet (peace and blessings be upon him) and his Companions slaughtered in them, and they had with them sacrificial animals that they had brought from al-Madinah, and they did not slaughter them except on the Day of Sacrifice. The Prophet (peace and blessings be upon him) remained in his state of ihram until he slaughtered on the Day of Sacrifice. If it had been permissible before the Day of Sacrifice, they would have slaughtered, eaten, and fed the people, because they were in need of that. So when he (peace and blessings be upon him) delayed it until the Day of Sacrifice, that indicates that there is no slaughter except on the days of slaughter. And this is what the majority of the scholars are upon.
Yes, al-Shafi'i has a fatwa on this. A group of the Shafi'is went to the permissibility of it before the 'Id, and some of them permitted it after entering ihram for Hajj, not before entering ihram. But the correct opinion is that the sacrificial animal is not slaughtered except on the days of 'Id, as the majority said, and as the Sunnah indicates.
And those who slaughtered before the Day of 'Id on the seventh day, or before that, or on the eighth, or the ninth, they must slaughter after that, and they must make up for it, even after the days of 'Id, or even on these days. They must make up for that sacrificial animal if they were performing tamattu', or combining Hajj and 'Umrah. They must appoint someone if they have traveled, to appoint a trustworthy person to slaughter on their behalf in Makkah for everyone who slaughtered before the 'Id.
Question : And if the slaughter was for a mere 'Id sacrifice, or as a voluntary act?
Answer: If it was an 'Id sacrifice, or as a voluntary act, he owes nothing, he does not have to repeat it.
We thank Allah and then we thank you for this blessed gathering, may Allah place it in the scale of your good deeds on the Day of Resurrection. My esteemed father, I came from Egypt with my family to perform the obligatory Hajj, and they were with a guide (mutawwif), along with a very large number of pilgrims. I went to accompany them before the Hajj, and I found that the person in charge of them had told them: It is necessary to perform, or to slaughter, the sacrificial animal before the Day of 'Id. He collected money from them and did that for them. When I told him: This is a mistake, he said: We have been doing this for years, based on a fatwa with the opinion of Imam al-Shafi'i in Egypt with our guide. He slaughtered for them on the seventh of Dhu al-Hijjah, and another group after that, before the 'Id. And I said: Indeed, Allah said: In the name of Allah, the Most Merciful, the Most Compassionate:
So pray to your Lord and sacrifice [to Him alone].
فَصَلِّ لِرَبِّكَ وَانْحَرْAnswer:
Slaughtering is not among the pillars of Hajj. The pillars of Hajj are: entering the state of ihram, standing at 'Arafah, circumambulation (tawaf), and walking between al-Safa and al-Marwah (sa'y). These are its pillars. Slaughtering is not among the pillars of Hajj, but rather it is obligatory for some pilgrims, not all pilgrims. It is obligatory for the one who performs tamattu' by combining 'Umrah with Hajj, which is the one who enters ihram for 'Umrah in the months of Hajj, then enters ihram for Hajj afterwards in the same year, or enters ihram for both together, for Hajj and 'Umrah together. This is the one upon whom the sacrificial animal is due.
And the obligatory thing is to slaughter on the days of slaughter: the Day of 'Id, the eleventh, the twelfth, and the thirteenth. These are the days of slaughter, four days according to the correct opinion. It is obligatory that the slaughter be in these days. The Prophet (peace and blessings be upon him) and his Companions slaughtered in them, and they had with them sacrificial animals that they had brought from al-Madinah, and they did not slaughter them except on the Day of Sacrifice. The Prophet (peace and blessings be upon him) remained in his state of ihram until he slaughtered on the Day of Sacrifice. If it had been permissible before the Day of Sacrifice, they would have slaughtered, eaten, and fed the people, because they were in need of that. So when he (peace and blessings be upon him) delayed it until the Day of Sacrifice, that indicates that there is no slaughter except on the days of slaughter. And this is what the majority of the scholars are upon.
Yes, al-Shafi'i has a fatwa on this. A group of the Shafi'is went to the permissibility of it before the 'Id, and some of them permitted it after entering ihram for Hajj, not before entering ihram. But the correct opinion is that the sacrificial animal is not slaughtered except on the days of 'Id, as the majority said, and as the Sunnah indicates.
And those who slaughtered before the Day of 'Id on the seventh day, or before that, or on the eighth, or the ninth, they must slaughter after that, and they must make up for it, even after the days of 'Id, or even on these days. They must make up for that sacrificial animal if they were performing tamattu', or combining Hajj and 'Umrah. They must appoint someone if they have traveled, to appoint a trustworthy person to slaughter on their behalf in Makkah for everyone who slaughtered before the 'Id.
Question : And if the slaughter was for a mere 'Id sacrifice, or as a voluntary act?
Answer: If it was an 'Id sacrifice, or as a voluntary act, he owes nothing, he does not have to repeat it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.