The story of Prophet Shu'ayb with his people is mentioned in the
seventh chapter of the Noble Quran.
The people of Madyan, to whom he was sent by Allaah Almighty, were
Arabs who lived in a place called "Ma'aan" (in Jordan). They were a
greedy people who did not believe that Allaah existed and who led
wicked lives.
They gave short measure, praisedtheir goods beyond their worth, and
hid their defects. They lied totheir customers, thereby cheating them.
Allaah, the Almighty, Says (what means) : "…And to [the people
of]Madyan [We sent] their brother Shu'ayb. He said, 'O my people,
worship Allaah; you have no deityother than Him. There has come to you
clear evidence from your Lord. So fulfill the measure and weight and
do not deprive people of their due and cause notcorruption upon the
earth after its reformation. That is better for you, if you should be
believers. And do not sit on every path, threatening and averting from
the way of Allaah those who believe in Him, seeking to make it[seem]
deviant. And remember when you were few and He increased you. And see
how the end of the corrupters was. And if there should be a group
among you who has believed in that with which I have been sent and a
group that has not believed, then be patient until Allaah judges
between us. And He is the best of judges.'
Said the eminent ones who were arrogant among his people, 'We will
surely evict you, O Shu'ayb, and those who have believed with you from
our city or you must return to our religion.' He said, 'Even if we
were unwilling? We would have invented against Allaah a lie if we
returned to yourreligion after Allaah had saved us from it. And it is
not for us to return to it except that Allaah, our Lord, should will.
Our Lord has encompassed all things in knowledge. Upon Allaah we have
relied. Our Lord, decide between us and our people in truth, and You
are the best of those who give decision.' Said the eminent ones who
disbelieved among his people, 'If you should follow Shu'ayb, indeed,
you would then be losers.' So the earthquake seized them, and they
became within their home [corpses] fallen prone. Those who denied
Shu'ayb --it was as though they had never resided there. Those who
denied Shu'ayb — it was they who were the losers. And he[i.e. Shu'ayb]
turned away from them and said, 'O my people, I had certainly conveyed
to you themessages of my Lord and advisedyou, so how could I grieve
for a disbelieving people?'" [Quran 7:85-93]
Allaah, the Exalted, sent His Prophet Shu'ayb armed with many
miracles. Prophet Shu'ayb preached them, begging them to be mindful of
Allaah's favors and warning them of the consequences of their evil
ways, but they only mocked him. Prophet Shu'ayb remained calm as he
reminded them of his kinship to them and that what hewas doing was not
for his personal gain.
They seized the belongings of Prophet Shu'ayb and his followers and
drove them out of the city. So, he turned to his Lord for help, and
his plea was answered. Allaah sent down on them scorching heat from
which they suffered terribly. On seeing acloud gathering in the sky,
they thought it would bring cool, refreshing rain, so they rushed
outside in the hope of enjoying the rainfall. Instead, the cloud
burst, hurling thunderbolts and fire. They heard a thunderous sound
from above, which caused the earth under their feet to tremble. The
evil-doers perished in this state of horror.
Allaah, the Exalted, States (what means): "The companions of the
thicket [i.e. the people of Madyan]denied the messengers, when Shu'ayb
said to them, 'Will you not fear Allaah? Indeed, I am to you a
trustworthy messenger. So fear Allaah and obey me. And I donot ask you
for it any payment. My payment is only from the Lordof the worlds.
Give full measure and do not be of those who cause loss. And weigh
with an even [i.e. honest] balance. And donot deprive people of their
due and do not commit abuse on earth, spreading corruption. And fear
He who created you and the former creation.'
They said, 'You are only of those affected by magic. You are but a man
like ourselves, and indeed, we think you are among the liars.So cause
to fall upon us fragments of the sky, if you should be of the
truthful.'
He said, 'My Lord is Most Kknowing of what you do. O my people! Work
according to your position; indeed, I am working. You are going to
know to whom will come a punishment that will disgrace him and who is
a liar. Sowatch; indeed, I am with you a watcher, [awaiting the
outcome].' And when Our command came, We saved Shu'ayb and those who
believed with him, by mercy from Us. And the shriek seized those who
had wronged, and they became within their homes [corpses] fallen
prone. As if they had never prospered therein. Then, away with Madyan
as Thamud (the people of Madyan) was taken away." [Quran 84:95]
This is the fatal end of the disbelieving People of Prophet Shu'ayb as
was the end of every people before and after them who rejected the
Divine Message and belied Allaah's Messengers and Prophets.
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Tuesday, March 19, 2013
The story of Prophet Shu’ayb
Can we eat meat slaughtered by one who does not pray?.
I would like to ask what we should do if my brother does not pray, so
he is regarded as a kaafir according to sharee'ah; can we eat meat
that is slaughtered by him or not?.
Praise be to Allaah.
What you have to do is to advise your brother topray regularly, and
tell him of the ruling of Allaah concerning one who does not pray. Do
not let him slaughter themeat for you himself, and tell him the reason
why, which is that the one who does not pray is regarded as a kaafir,
so meat slaughtered by him is not halaal. Perhaps knowing the ruling
will have an effecton him, and he will come back to his religion and
start to prayregularly. This will be better for him in his religious
and worldly affairs, in this world and in the Hereafter.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allaah have mercy on him) was asked:
Is it permissible to eat meat slaughtered by onewho deliberately does
not pray, knowing that if he is told of that he will claim that he
says the Shahaadah? What should we do if we cannot find any butcher
who does pray?
He replied:
If a person does not pray, we should not eat meat slaughtered by him.
This is the correct view, because the Prophet (peace and blessings of
Allaah be upon him) said: "Between a man and shirk and kufr there
stands his giving up prayer." Narrated by Muslim in his Saheeh from
Jaabir ibn 'Abd-Allaah al-Ansaari (may Allaah be pleased with him).
And the Prophet (peace and blessings of Allaah be upon him) said: "The
covenant that stands between us and them is prayer; whoever does not
pray is a kaafir." Narrated by Imam Ahmad and the four authors of
Sunan with a saheeh isnaad from Buraydah ibn al-Husayb (may Allaah be
pleased with him). And he said: "The head of the matter is Islam and
its pillar is prayer." Narrated by Imam Ahmad and al-Tirmidhi with a
saheeh isnaad from Mu'aadh ibn Jabal (may Allaah be pleased with him).
If the pillar of a thing falls, it cannot stand straight or
remain;when the pillar falls, whatever rests on it falls too.
Thus it is known that theone who does not pray has no religion, so
meat slaughtered by him cannot be eaten. If you are living in a land
where there are no Muslim butchers, you should laughter your own meat
and use your hands to do something that will be benefit to you, or
look for a Muslimbutcher to slaughter meat for you even in his own
house. Praise be to Allaah, this is something easy so you should not
be heedless about this matter.
You should advise this man to fear Allaah and pray. His suggestion
thatthe Shahaadatayn is sufficient is a serious mistake, because the
Shahaadatayn come with conditions that must be fulfilled, as the
Prophet (peace and blessings of Allaah be upon him) said: "I have been
ordered to fight the people until they bear witness that there is no
god except Allaah and that I am the Messenger of Allaah, andestablish
regular prayer and pay zakaah. If they do that, then their bloodand
wealth are safe from me, except in cases dictated by Islamic law, and
their reckoning will be with Allaah." Saheeh – agreed upon.
So prayer and zakaah are mentioned alongside the Shahaadatayn.
According to another version: "I have been commanded to fight the
people until they say Laailaaha ill-Allaah, and if they say Laa ilaaha
ill-Allaah, then their blood and wealth are safe from me, except in
cases dictated by Islamic law, and their reckoningwill be with
Allaah." Prayer is one of these conditions and zakaah isone of these
conditions.
What the believer must do is fear Allaah, and everyone who claims to
be a Muslim must fear Allaah and offer the five prayers regularly, for
prayer is the foundation of Islam and it is the greatest of the five
pillars of Islam after the Shahaadatayn. Whoever neglects it neglects
his religious commitment, and whoever does not pray has left the
faith. We ask Allaah to keep us safe and sound.
This is the truth and this is what is correct. Some of the scholars
said that such a person is not a kaafir in the sense of major kufr,
rather his kufr is minor kufr, and he is a sinner who has committed a
grave sin, one that is worse than adultery, worse than stealing, worse
than drinking alcohol. But he is not a kaafir in the sense of major
kufr unless he denies that prayer is obligatory. Thisis the view of a
number of scholars. But the correct view is that which is indicated by
thewords of the Prophet (peace and blessings of Allaah be upon him),
which is that such a person is a kaafir in the sense of major kufr, as
stated in the ahaadeeth quoted above, because he has neglected the
pillar or foundation of Islam which is prayer.
We should not take this matter lightly. 'Abd-Allaah ibn Shaqeeq
al-'Aqeeli, the great Taabi'i (may Allaah have mercy on him) said:
"Thecompanions of the Prophet (peace and blessings of Allaah be upon
him) did not regard the omission of anything as being kufr, except in
the case of prayer."
And he mentioned that the Sahaabah were unanimously agreed that the
one who did not pray was a kaafir in their view. We ask Allaahto keep
us safe and sound.
So we must be careful, and adhere to this important obligation and not
take the matter lightly if someone does not pray. We should not eat
meat slaughtered by him, or invite him to anyfeasts, or accept his
invitations. Rather he should be shunned until he repents to Allaah
and starts to pray. We ask Allaah to guide us all. End quote.
Majmoo' Fataawa al-Shaykh Ibn Baaz, 10/274-276
he is regarded as a kaafir according to sharee'ah; can we eat meat
that is slaughtered by him or not?.
Praise be to Allaah.
What you have to do is to advise your brother topray regularly, and
tell him of the ruling of Allaah concerning one who does not pray. Do
not let him slaughter themeat for you himself, and tell him the reason
why, which is that the one who does not pray is regarded as a kaafir,
so meat slaughtered by him is not halaal. Perhaps knowing the ruling
will have an effecton him, and he will come back to his religion and
start to prayregularly. This will be better for him in his religious
and worldly affairs, in this world and in the Hereafter.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allaah have mercy on him) was asked:
Is it permissible to eat meat slaughtered by onewho deliberately does
not pray, knowing that if he is told of that he will claim that he
says the Shahaadah? What should we do if we cannot find any butcher
who does pray?
He replied:
If a person does not pray, we should not eat meat slaughtered by him.
This is the correct view, because the Prophet (peace and blessings of
Allaah be upon him) said: "Between a man and shirk and kufr there
stands his giving up prayer." Narrated by Muslim in his Saheeh from
Jaabir ibn 'Abd-Allaah al-Ansaari (may Allaah be pleased with him).
And the Prophet (peace and blessings of Allaah be upon him) said: "The
covenant that stands between us and them is prayer; whoever does not
pray is a kaafir." Narrated by Imam Ahmad and the four authors of
Sunan with a saheeh isnaad from Buraydah ibn al-Husayb (may Allaah be
pleased with him). And he said: "The head of the matter is Islam and
its pillar is prayer." Narrated by Imam Ahmad and al-Tirmidhi with a
saheeh isnaad from Mu'aadh ibn Jabal (may Allaah be pleased with him).
If the pillar of a thing falls, it cannot stand straight or
remain;when the pillar falls, whatever rests on it falls too.
Thus it is known that theone who does not pray has no religion, so
meat slaughtered by him cannot be eaten. If you are living in a land
where there are no Muslim butchers, you should laughter your own meat
and use your hands to do something that will be benefit to you, or
look for a Muslimbutcher to slaughter meat for you even in his own
house. Praise be to Allaah, this is something easy so you should not
be heedless about this matter.
You should advise this man to fear Allaah and pray. His suggestion
thatthe Shahaadatayn is sufficient is a serious mistake, because the
Shahaadatayn come with conditions that must be fulfilled, as the
Prophet (peace and blessings of Allaah be upon him) said: "I have been
ordered to fight the people until they bear witness that there is no
god except Allaah and that I am the Messenger of Allaah, andestablish
regular prayer and pay zakaah. If they do that, then their bloodand
wealth are safe from me, except in cases dictated by Islamic law, and
their reckoning will be with Allaah." Saheeh – agreed upon.
So prayer and zakaah are mentioned alongside the Shahaadatayn.
According to another version: "I have been commanded to fight the
people until they say Laailaaha ill-Allaah, and if they say Laa ilaaha
ill-Allaah, then their blood and wealth are safe from me, except in
cases dictated by Islamic law, and their reckoningwill be with
Allaah." Prayer is one of these conditions and zakaah isone of these
conditions.
What the believer must do is fear Allaah, and everyone who claims to
be a Muslim must fear Allaah and offer the five prayers regularly, for
prayer is the foundation of Islam and it is the greatest of the five
pillars of Islam after the Shahaadatayn. Whoever neglects it neglects
his religious commitment, and whoever does not pray has left the
faith. We ask Allaah to keep us safe and sound.
This is the truth and this is what is correct. Some of the scholars
said that such a person is not a kaafir in the sense of major kufr,
rather his kufr is minor kufr, and he is a sinner who has committed a
grave sin, one that is worse than adultery, worse than stealing, worse
than drinking alcohol. But he is not a kaafir in the sense of major
kufr unless he denies that prayer is obligatory. Thisis the view of a
number of scholars. But the correct view is that which is indicated by
thewords of the Prophet (peace and blessings of Allaah be upon him),
which is that such a person is a kaafir in the sense of major kufr, as
stated in the ahaadeeth quoted above, because he has neglected the
pillar or foundation of Islam which is prayer.
We should not take this matter lightly. 'Abd-Allaah ibn Shaqeeq
al-'Aqeeli, the great Taabi'i (may Allaah have mercy on him) said:
"Thecompanions of the Prophet (peace and blessings of Allaah be upon
him) did not regard the omission of anything as being kufr, except in
the case of prayer."
And he mentioned that the Sahaabah were unanimously agreed that the
one who did not pray was a kaafir in their view. We ask Allaahto keep
us safe and sound.
So we must be careful, and adhere to this important obligation and not
take the matter lightly if someone does not pray. We should not eat
meat slaughtered by him, or invite him to anyfeasts, or accept his
invitations. Rather he should be shunned until he repents to Allaah
and starts to pray. We ask Allaah to guide us all. End quote.
Majmoo' Fataawa al-Shaykh Ibn Baaz, 10/274-276
Ruling on sacrificing camels other than an’aam animals.
A person lives at the North Pole and wants to offer a sacrifice. Is it
permissible for him to sacrifice a fish?.
Praise be to Allaah.
It is not valid to sacrifice a fish, horse, deer or chicken, because
one of the conditions of sacrifice is that it must be one of the
an'aam animals, which are camels, cattle and sheep of all kinds,
because Allaah says (interpretation of the meaning):
"And for every nation We have appointed religious ceremonies, that
they may mention the Name of Allaah over the beast of cattle [an'aam]
that He has given them for food"
[al-Hajj 22:34]
It is not reported that the Prophet (peace and blessings of Allaah be
upon him) or any of his companions sacrificed any other kind of
animal.
See: Fath al-Qadeer (9/97).
Al-Nawawi said in al-Majmoo' (8/364-366):
The conditions of a sacrifice being valid include that it should be
one of the an'aam animals, which are camels, cattle and sheep.All
kinds of camels, cattleand sheep, including goats, are acceptable.
Other kinds of animals, such as wild cattle, donkeys etc are not
acceptable, and there is no difference of scholarly opinion on
thispoint, whether male or female of all kinds, thereis no difference
of opinion on any of that inour view.
A cross between a deer and sheep is not acceptable, because it is not
an an'aam animal. End quote.
Ibn Qudaamah (may Allaah have mercy on him) said something similar in
al-Mughni (368).
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on
him) said in his essay Ahkaam al-Udhiyah wa'l-Zakaah (rulings on
sacrifice and zakaah):
The type (of animal) thatmay be sacrificed is an'aam animals only,
because Allaah says (interpretation of the meaning):
"And for every nation We have appointed religious ceremonies, that
they may mention the Name of Allaah over the beast of cattle [an'aam]
that He has given them for food"
[al-Hajj 22:34]
The an'aam animals are camels, cattle, sheep andgoats. This was stated
byIbn Katheer who said: This was the view of al-Hasan, Qataadah and
others. Ibn Jareer said: This is how it is among the Arabs. End quote.
And the Prophet (peace and blessings of Allaah be upon him) said: "Do
not sacrifice anything but a musinnah; if one isnot available then
sacrifice a jadh'ah sheep(one that is over a year old)." Narrated by
Muslim (1963). A musinnah is a camel, cow or sheep that is twoyears
old or older. This was the view of the scholars (may Allaah have mercy
on them).
The sacrifice is an act of worship, and it should not be done except
in the manner narrated from the Messenger of Allaah (peace and
blessings of Allaah be upon him), and it is not narrated that he
(peace and blessings of Allaah be upon him) sacrificed anything but a
camel, cow or sheep. End quote.
permissible for him to sacrifice a fish?.
Praise be to Allaah.
It is not valid to sacrifice a fish, horse, deer or chicken, because
one of the conditions of sacrifice is that it must be one of the
an'aam animals, which are camels, cattle and sheep of all kinds,
because Allaah says (interpretation of the meaning):
"And for every nation We have appointed religious ceremonies, that
they may mention the Name of Allaah over the beast of cattle [an'aam]
that He has given them for food"
[al-Hajj 22:34]
It is not reported that the Prophet (peace and blessings of Allaah be
upon him) or any of his companions sacrificed any other kind of
animal.
See: Fath al-Qadeer (9/97).
Al-Nawawi said in al-Majmoo' (8/364-366):
The conditions of a sacrifice being valid include that it should be
one of the an'aam animals, which are camels, cattle and sheep.All
kinds of camels, cattleand sheep, including goats, are acceptable.
Other kinds of animals, such as wild cattle, donkeys etc are not
acceptable, and there is no difference of scholarly opinion on
thispoint, whether male or female of all kinds, thereis no difference
of opinion on any of that inour view.
A cross between a deer and sheep is not acceptable, because it is not
an an'aam animal. End quote.
Ibn Qudaamah (may Allaah have mercy on him) said something similar in
al-Mughni (368).
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on
him) said in his essay Ahkaam al-Udhiyah wa'l-Zakaah (rulings on
sacrifice and zakaah):
The type (of animal) thatmay be sacrificed is an'aam animals only,
because Allaah says (interpretation of the meaning):
"And for every nation We have appointed religious ceremonies, that
they may mention the Name of Allaah over the beast of cattle [an'aam]
that He has given them for food"
[al-Hajj 22:34]
The an'aam animals are camels, cattle, sheep andgoats. This was stated
byIbn Katheer who said: This was the view of al-Hasan, Qataadah and
others. Ibn Jareer said: This is how it is among the Arabs. End quote.
And the Prophet (peace and blessings of Allaah be upon him) said: "Do
not sacrifice anything but a musinnah; if one isnot available then
sacrifice a jadh'ah sheep(one that is over a year old)." Narrated by
Muslim (1963). A musinnah is a camel, cow or sheep that is twoyears
old or older. This was the view of the scholars (may Allaah have mercy
on them).
The sacrifice is an act of worship, and it should not be done except
in the manner narrated from the Messenger of Allaah (peace and
blessings of Allaah be upon him), and it is not narrated that he
(peace and blessings of Allaah be upon him) sacrificed anything but a
camel, cow or sheep. End quote.
Is the udhiyah obligatoryfor the pilgrim doing Hajj?.
Is the udhiyah obligatory for the pilgrim doing Hajj?.
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.
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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