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Tuesday, November 18, 2014

Sacrifices, Dought & clear, - * Who is obliged to offer the udhiyah (sacrifice)? Is being male one of the conditions?



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Who is obliged to offer the udhiyah (sacrifice)? Is it permissible for a housewife who has an income to offer the udhiyah?
Praise be to Allah.
The scholars differed concerning the ruling on offering the udhiyah: is it obligatory, such that the one who does not do it is sinning, or is it a confirmed Sunnah, such that it is makrooh (disliked) not to do it? The correct view is that it is a confirmed Sunnah (sunnah mu’akkadah). This has been discussed previously in the answer to question no. 36432
In order for it to be obligatory or Sunnah to offer the udhiyah, it is stipulated that the one who offers it should be independent of means, in that the price of the udhiyah is surplus to his needs and the needs of those on whom he spends. If a Muslim has a salary that comes to him every month, and this salary is sufficient for him and he has surplus money which which he can afford the price of the udhiyah, then in his case it is prescribed for him to offer the udhiyah.
The fact that it is stipulated that he should be independent of means is indicated by the words of the Prophet (blessings and peace of Allah be upon him): “Whoever can afford it but does not offer a sacrifice, let him not come near our prayer-place.” Narrated by Ibn Maajah, 3123; classed as hasan by al-Albaani inSaheeh Ibn Maajah. What is meant by being able to afford it is being independent of means.
The udhiyah is prescribed for the members of the household, because the Prophet (blessings and peace of Allah be upon him) said: “The people of each household should offer an udhiyah every year.” Narrated by Ahmad, 20207. Al-Haafiz Ibn Hajar said inFath al-Baari: Its isnaad is qawiy. It was classed as hasan by al-Albaani inSaheeh Sunan Abi Dawood, 2788.
There is no difference between men and women in this regard. If a woman is living on her own or with her children, then they should offer the udhiyah.
It says inal-Mawsoo‘ah al-Fiqhiyyah(5/81):
Being male is not a condition of it being obligatory or sunnah to offer the udhiyah; as it is required of males it is also required of females, because the evidence for it being obligatory or Sunnah applies to everyone.
End quote. See:al-Majmoo‘ah al-Fiqhiyyah, 5/79-81
And Allah knows best.





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Sacrifices, Dought & clear, - * How old should the sacrificial animal be?



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Is there a specific age for the sacrificial animal? Is it permissible to slaughter a cow as a sacrifice when it is one and a half years old?.
Praise be to Allaah.
Firstly:
The scholars (may Allaah have mercy on them) are agreed that Islam has prescribed the age for sacrificial animals and it is not permissible to slaughter animals that are younger than that. Whoever slaughters an animal that is younger than that, it does not count as a sacrifice.
Seeal-Majmoo’by al-Nawawi, 1/176.
For example, al-Bukhaari (5556) and Muslim (1961) narrated that al-Bara’ ibn ‘Aazib (may Allaah have mercy on him) said: A maternal uncle of mine whose name was Abu Burdah slaughtered his sacrifice before the prayer, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said to him: “Your sheep is a sheep for meat (i.e., not a sacrifice).” He said: “O Messenger of Allaah, I have a young goat (according to another report: I have a young she-goat) (according to a report by al-Bukhaari (5563): I have a jadha’ah which is better than two musinnahs – shall I sacrifice it?)” The Prophet (peace and blessings of Allaah be upon him) said: “Sacrifice it, but that will not be valid for anyone but you.” According to another report: “It will not count for anyone after you.” Then he said: “Whoever slaughters (the animal) before the prayer has slaughtered it for himself, and whoever slaughters it after the prayer has offered the sacrifice and followed the way of the Muslims.”
This hadeeth indicates that a jadha’ah of goats (young goat) is not sufficient as a sacrifice. We will explain below what jadha’ah means.
Ibn al-Qayyim said inTahdheeb al-Sunan:
The phrase “It will not count for anyone after you” is a definitive statement that it would not count for anyone after him. End quote.
Muslim (1963) narrated that Jaabir (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Do not slaughter anything but a musinnah, unless it is too hard for you, in which case you should slaughter a young sheep (jadha’ah min al-da’n).
This hadeeth also clearly states that only a musinnah can be slaughtered, except in the case of sheep, where a jadha’ah may be offered.
Al-Nawawi said inSharh Muslim:
The scholars said:
A musinnah is a thaniyyah of anything, camel, cow or sheep, or anything over that age. This clearly indicates that it is not permissible to slaughter a jadha’ah of any animal in any circumstances, except sheep. End quote.
Al-Haafiz said inal-Talkhees, 4/285:
The apparent meaning of the hadeeth suggests that a jadha’ah of sheep is not permissible except if one cannot find a musinnah. Scholarly consensus says something different, so this hadeeth should be understood as referring to what is better. So it is mustahabb not to slaughter anything but a musinnah. End quote.
Al-Nawawi said inSharh Muslim:
It says in ‘Awn al-Ma’bood:
This interpretation is the one which is correct. End quote.
Then he quoted some of the ahaadeeth which indicate that it is permissible to offer a jadha’ah of sheep as a sacrifice, such as the hadeeth of ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) who said: “We slaughtered a jadha’ah of sheep with the Messenger of Allaah (peace and blessings of Allaah be upon him).” Narrated by al-Nasaa’i, 4382. al-Haafiz said: Its isnaad is qawiy (strong). It was classed as saheeh by al-Albaani inSaheeh al-Nasaa’i.
It says inal-Mawsoo’ah al-Fiqhiyyah(5/83) concerning the conditions of udhiyah:
The second condition is that it should have reached the age of sacrifice, by being a thaniyyah or older in the case of camels, cows and goats, and jadha’ah or older in the case of sheep. A sacrifice does not count if the animal is younger than a thaniyyah except in the case of sheep, or if it is sheep that is younger than a jadha’ah…. The fuqaha’ are agreed upon this condition, but they differed as to what is meant by thaniyyah and jadha’ah. End quote.
Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:
I do not know of any dissent with the view that a jadha’ah of goats or anything else that is offered as a sacrifice apart from sheep is not permissible. Rather it is permissible to sacrifice a thaniyyah or anything older than of all of these. It is permissible to sacrifice a jadha’ah of sheep according to the Sunnah. End quote fromTarteeb al-Tamheed, 10/267.
Al-Nawawi said inal-Majmoo’(8/366):
The ummah is agreed that with regard to camels, cows and goats, nothing will do except a thaniyyah, and with regard to sheep, nothing will do but a jadha’ah, and that these are all acceptable. But some of our companions narrated that Ibn ‘Umar and al-Zuhri said: A jadha’ah of sheep does not count. It was narrated from ‘Ata’ and al-‘Awzaa’i that a jadha’ah of camels, cows, goats and sheep does count. End quote.
Secondly:
With regard to the stipulated age of sacrificial animals, the scholars differed concerning that.
A jadha’ah of sheep is a sheep that has reached the age of six months, according to the Hanafis and Hanbalis. According to the Maalikis and Shaafa’is it is a sheep that has reached the age of one year.
The musinnah (or thaniyyah) of goats is one that has reached the age of one year according to the Hanafis, Maalikis and Hanbalis. According to the Shaafa’is, it is one that has reached the age of two years.
The musinnah of cows is one of the has reached the age of two years according to the Hanafis, Shaafa’is and Hanbalis; according to the Maalikis it is one that has reached the age of three years.
The musinnah of camels is one that has reached the age of five years according to the Hanafis, Maalikis, Shaafa’is and Hanbalis.
SeeBadaa’i’ al-Sanaa’i’, 5/70;al-Bahr al-Raa’iq, 8/202;al-Taaj wa’l-Ikleel, 4/363;Sharh Mukhtasar Khaleel, 3/34;al-Majmoo’, 8/365;al-Mughni, 13/368.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said inAhkaam al-Udhiyah:
The thaniyyah of camels is one that has reached the age of five years. The thaniyyah of cows is one that has reached the age of two years. The thaniyyah of sheep is one that has reached the age of one year. The jadha’ah is one that has reached the age of half a year. It is not acceptable to offer anything younger than a thaniyyah in the case of camels, cows and goats, or anything younger than a jadha’ah in the case of sheep.
It says inFataawa al-Lajnah al-Daa’imah(11/377):
The shar’i evidence indicates that a sheep that has reached the age of six months may count as a sacrifice, as may a goat that has reached the age of one year, a cow that has reached the age of two years, and a camel that has reached the age of five years. Anything younger than that does not count as a hadiy or udhiyah. This is what the Qur’aan refers to when it says (interpretation of the meaning):“sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel) such as you can afford” [al-Baqarah 2:196], because the texts of the Qur’aan and Sunnah explain one another. End quote.
Al-Kaasaani said inBadaa’i’ al-Sanaa’i’(5/70):
These ages, as defined in sharee’ah, are minimum ages, not maximum ages. Sacrificing an animal that is younger than that is not permitted, but if an animal that is older than that is sacrificed, it is permitted and is better. It is not permitted to sacrifice a lamb, kid (young goat), calf or young camel, because the ages of animals that we have mentioned were narrated in sharee’ah and these were not mentioned among them. End quote.
So it is clear that slaughtering a cow that is younger than two years old will not count as a sacrifice according to any of the imams.
And Allaah knows best.




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Sacrifices, Dought & clear, - * Is it permissible forthe one who is going to offer an udhiyah to remove any of his hair before offering the udhiyah, if he has a legitimate excuse?



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I read the answer to question no. 36567, in which it says in the last paragraph of the answer: “If he needs to remove it then he may do so, and there is no blame on him, such as if … he needs to cut his hair in order to treat a wound and the like.” Does my case come under the heading of “to treat a wound and the like”? Because what I have is not a wound; rather it is a part of the moustache where no hair grows, and it puts me in an embarrassing situation if anyone notices it when the rest of the hair of the moustache appears. Is it permissible for me to shave it so as to avoid embarrassment?
Praise be to Allah.
Firstly:
With regard to the person who is going to offer an udhiyah removing anything from his hair, nails or skin, this is an issue concerning which the scholars differed. The more correct view, as stated on this website, is that it is not permissible to remove anything from the hair, nails or skin for the one who wants to offer an udhiyah, because the Prophet (blessings and peace of Allah be upon him) said: “When you see the new moon of Dhu’l-Hijjah, and one of you wants to offer a sacrifice, let him leave his hair and nails alone.” Narrated by Muslim (1977). According to another version also narrated by Muslim: “When the ten (days of Dhu’l-Hijjah) begin, and one of you wants to offer a sacrifice, let nothing touch his hair or skin.”
For more information, please see the answers to questions no. 83381and 36567.
Secondly:
If refraining from removing hair from the moustache will look odd or cause embarrassment – as you mentioned – because of there being a spot where no hair grows, then what appears to be the case – and Allah knows best – is that it is permissible for you in this case to remove hair from the moustache, so as to avoid embarrassment.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If a person needs to remove anything from his hair, nails or skin, then there is no blame on him for removing it, such as if he has a wound and he needs to trim the hair from around it, or if he breaks an nail and it bothers him, so he trims whatever is bothering him, or if he has a piece of dead skin and it is bothering him, so he cuts it off. There is no blame on him in any of these cases.
And Allah knows best.





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Monday, November 17, 2014

Pilgrimage, & Dought & clear, - * It is permissible to circumambulate the Ka‘bah (tawaaf) at anytime, day or night



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Is it possible for a person to do ‘Umrah at any time of the day or night? Or must the actions of ‘Umrah be done at a specific time of day?
What I mean by my question is:
All the actions of ‘Umrah are obligatory, so is it possible for a person to do tawaaf (circumambulation of the Ka ‘bah) after ‘Isha’ prayer, if he reaches Makkah before ‘Isha’ time?
Praise be to Allah.
There is no specific time for circumambulation of the Ka‘bah (tawaaf); rather whenever a person who wants to perform Hajj or ‘Umrah, or the person who wants to perform tawaaf, reaches the Ka‘bah, he may perform tawaaf at any time he wants of the night or day, even if that is during the times when the prayer is disallowed, because the Prophet (blessings and peace of Allah be upon him) said: “O Banu ‘Abd Manaaf, do not prevent anyone from circumambulating this House or praying at any time he wants, night or day.”
Narrated by at-Tirmidhi, 868; classed as saheeh by Shaykh al-Albaani.
And Allah knows best.




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