Praise be to Allaah.
The scholars differed concerning the ruling onthe udhiyah. The
majority of scholars are of the view that it is Sunnah mu'akkadah (a
confirmed Sunnah), and others are of the view that it is obligatory
for the one who can afford it. This has been discussed in the answer
to question no. 36432 .
This difference of opinion has to do with people other than the one
who is performing Hajj. As for the pilgrim, the scholars differed as
to the ruling on offering an udhiyah in his case. Some say that it is
prescribed – whether they regard it as mustahabb or obligatory, and
others said that it is not prescribed.
Those who say that the udhiyah is not prescribed for the pilgrim
differed as to thereason for that, and there are two opinions:
(i) because thereis no Eid prayer for the pilgrim, and
his sacrifice is the hadiy of tamattu' or Qiraan
(ii) because the pilgrim is a traveller, andthe udhiyah
is prescribed for those who are not travelling. This is the view of
Abu Haneefah, according to whom if the pilgrim is one of the people of
Makkah, then he is not a traveller, so it is obligatory for him to
offer the udhiyah.
There follow details of their views and some of their comments.
1.
The Hanafis. It says in al-Mabsoot (6/171):
It is obligatory for the one who can afford it and for non-travellers
in our opinion. End quote.
In al-Jawharah al-Nayyarah (5/285, 286) it says:
It is not obligatory for the pilgrim who is a traveller. As for the
people of Makkah, it is obligatory for them evenif they do Hajj. End
quote.
2.
The Maalikis. They said that the pilgrim does nothave to offer an
udhiyahbecause he is a pilgrim not because he is a traveller.
In al-Mudawwanah (4/101) it says:
Maalik said to me: The pilgrim does not have to offer an udhiyah even
if he is one of the inhabitants of Mina oncehe is performing Hajj. I
said: Do all people have to offer the udhiyah according to Maalik's
view except the pilgrim?He said: Yes. End quote.
3.
The Shaafa'is said it is mustahabb to offer the udhiyah for the
pilgrim and for others.
Imam al-Shaafa'i (may Allaah have mercy on him) said:
The Makkan pilgrim, the one who is in transit from one country to
another, the traveller, the non-traveller, and the male and female who
can afford an udhiyah, are all the sameand there is no difference
between them. If it is obligatory for each one of them then it is
obligatory for all of them and if it is waived for one of them then it
is waived for all of them. If it is obligatory for some of them and
not others, then the pilgrim is the one for whom it is most likely to
be obligatory, because it is a sacrifice and he has to offer a
sacrifice, whereas othersdo not have to offer a sacrifice. But it is
not permissible to make something obligatory for the people without
proof or to differentiate between them without the same. End quote.
Al-Umm (2/348)
4.
Ibn Hazm (may Allaah have mercy on him) said:
The udhiyah for the pilgrim is mustahabb as it is for non-pilgrims.
Some people said: The pilgrim does not offer anudhiyah.
The Messenger of Allaah (peace and blessings of Allaah be upon him)
encouraged offering theudhiyah, so it is not permissible to deny the
pilgrim the virtue and possibility of drawing closer to Allaah without
a text to that effect. End quote.
Al-Muhalla (5/314, 315)
5.
According to the Hanbalis, it is permissiblefor the pilgrim to offer an udhiyah.
Ibn Qudaamah (may Allaah have mercy on him) said:
If he does not have a hadiy (sacrificial animal) with him, and he has
to offer a hadiy because it is obligatory for him, then he should buy
it. If it is not obligatory for him, but he wants to offer an udhiyah,
then he may buy an animal that may be offered as such.
Al-Mughni (7/180)
In the hadeeth from 'Aa'ishah (may Allaah be pleased with her) it says
that the Prophet (peace and blessings of Allaah be upon him) offered
anudhiyah on behalf of his wives in Mina during theFarewell
Pilgrimage. Narrated by al-Bukhaari (5239) and Muslim (1211).
Some of the scholars – such as Ibn al-Qayyim – rejected this
interpretation of the hadeeth and said that what was meant by udhiyah
here was the hadiy.
See: Zaad al-Ma'aad (2/262-267)
Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim favoured
the view that the pilgrim should not offer an udhiyah. See al-Iqnaa'
(1/409) and al-Insaaf (4/110). This view was also regarded as more
correct by Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him). He
(may Allaah have mercy on him) was asked: How can a personcombine
udhiyah and Hajj, and is that prescribed?
He replied: The pilgrim does not offer an udhiyah, rather he offersa
hadiy. Hence the Prophet (peace and blessings of Allaah be upon him)
did not offer an udhiyah during the Farewell Hajj, rather he offered a
hadiy. But if we assume that he is doing Hajj by himself and his
family are in his homeland, then in that case he should leave his
family enough money to buy an animal and offer it as an udhiyah, so he
will be offering a hadiy and they will be offeringan udhiyah, because
the udhiyah is only prescribed in places other than Makkah, but in
Makkah it should be a hadiy. End quote from al-Liqa' al-Shahri.
And Allaah knows best.
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