Saturday, October 19, 2013

Dought & clear, - sacrifice, - If the sacrificial animal becomes damaged after selecting it.

I bought a sacrificial animal, and at the time of slaughtering it
jumped from on top of the roof. We caught up with it and slaughtered
it before it died. Is that counted as a sacrifice?.
Praise be to Allaah.
Firstly:
If a person has selected a sacrificial animal, then some damage
befalls it that is not caused by any wrongdoing or negligence, then he
slaughters it at the time of slaughtering, then it is valid and is
counted as a sacrifice.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(13/373):
If the sacrificial animal is sound and free of faults, then something
happens to it that renders it unsuitable, it should be slaughtered and
it still counts as a sacrifice. This was narrated from 'Ata',
al-Hasan, al-Nakha'i, al-Zuhri, al-Thawri, Maalik, al-Shaafa'i and
Ishaaq. End quote.
The evidence for that is the report narrated by al-Bayhaqi from Ibn
al-Zubayr (may Allaah be pleased with him), according to which a
one-eyed she-camel was brought to him as a sacrificial animal, and he
said: If this happened to it after you bought it, then go ahead (and
sacrifice it), but if it happened to it before you bought it, then
offer another one instead of it." Al-Nawawi said inal-Majmoo'(8/328):
its isnaad is saheeh.
Shaykh Ibn 'Uthaymeen said in his essayAhkaam al-Udhiyah(Rulings on
the Sacrifice) concerning the rulings on selection of the sacrificial
animal:
If the animal has a fault that renders it unsuitable for sacrifice,
one of two scenarios must apply:
1 – That was caused by the owner's wrongdoing or negligence, in which
case it must be replaced with another animal that is the same or more
perfect, because if the damage was caused by him, he must replace it
with another one to be slaughtered instead, and the damaged animal
still belongs to him, according to the sound scholarly opinion; he may
do whatever he wants with it, sell it or whatever.
2 – The fault was caused without any wrongdoing or negligence on the
owner's part. In that case he should sacrifice it and it counts as a
sacrifice, because it is a trust that is in his keeping but it got
damaged through no action or negligence on his part, so there is no
sin on him and he does not have to replace it. End quote.
Secondly:
How is a sacrificial animal selected?
The selection of the sacrificial animal may be verbal, such as saying,
"This is a sacrificial animal."
If they buy it with the intention of offering it as a sacrifice, Abu
Haneefah and Maalik (may Allaah have mercy on them) are of the view
that the selection has been made thereby. Al-Shaafa'i and Ahmad are of
the view that the selection is not made thereby.
The scholars of the Standing Committee are of the view that the
selection is made when one buys the animal with the intention of
offering it as a sacrifice.
It says inFataawa al-Lajnah al-Daa'imah, 11/402:
The sacrificial animal is selected when one buys it with the intention
of offering it as a sacrifice or when one selects it. End quote.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said
inMajmoo' al-Fataawa(26/304):
If a person buys a sacrificial animal and it gets damaged before
slaughter, it may be slaughtered according to one of the two scholarly
opinions. End quote.
Based on the above, if you bought this sheep with the intention of
offering a sacrifice, then it gets damaged without any wrongdoing or
negligence on your part, then it is counted as a sacrifice, in sha
Allaah.
And Allaah knows best.

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