QURBAANI (11)
by Al-Jamiat Publications

cont'd ... 10/...

LAWS OF SACRIFICE (Mas'ala 31 - 43)

MAS'ALA 31
Should a person 'A' give a sacrificial animal to another person 'B' to be looked after on condition that he 'B' will be given a share from it, this does not make him 'B' the owner of the animal. If another person 'C' purchased this animal from the person 'B' looking after the animal and sacrifices it, then this sacrifice is incorrect. If the animal has to be bought then it should be bought from its rightful owner (person 'A')

MAS'ALA 32
The sacrifice is valid if a group of people get together to buy an animal (e.g. a cow) on a share basis and it they decide to give the whole animal to the poor and to their friends or the whole animal is fed to these people. If the share-holders decide to divide it among themselves, then it must be divided equally.

MAS'ALA 33
The sacrificial meal can also be given to people of other faiths on condition that it is not given as a payment for labour.

MAS'ALA 34
When slaughtering it is not necessary to read the niyyat (intention) and dua aloud. If one has made niyyat in one's heart, then uttering only Bismillah-Allahu-Akbar before slaughtering is correct. However if one knows the dua, then it is better to read it.

MAS'ALA 35
If an animal that has been selected for sacrifice gives birth before or after slaughter then the newly born calf or lamb should also be slaughtered and the meat be given to charity.

MAS'ALA 36
A person may eat the meat of every sacrificed animal that is slaughtered, be it a waajib or nafl. It is not permissible for one to eat from a sacrificial animal that is slaughtered as a vow (NAZR), nor a Kaffaarah for a Jinaayat (error/mistake) committed during Hajj, nor is one's children allowed to partake of it. Only the poor and destitute have the right to it.

The sacrificial meat that is waajib on a Haaji because of a Tamattu or Qiraan Hajj may be eaten by the owner and can also be led to others according to the Hanafi Mazhab.

MAS'ALA 37
If a person on whom sacrifice was waajib purchased an animal for sacrifice, and if thereafter this animal was lost, stolen or died, then it will be waajib to sacrifice another animal in its place. If after sacrificing the second animal, the first one is found, then it is better that this animal be sacrificed also.

MAS'ALA 38
Should a poor person for whom it is not waajib to perform a sacrifice, purchase an animal to perform a nafl sacrifice, it then becomes waajib to sacrifice this animal as a sacrifice. Should this animal die or gets lost, then the compulsion falls away. It will not be waajib to perform another sacrifice. If after losing the first animal another is purchased and thereafter the first one is found, it becomes waajib to sacrifice both animals. The reason is that when a poor person buys an animal with the intention of sacrifice, it falls into the category of a vow, which is waajib to fulfil.

MAS'ALA 39
If seven people have a share in a cow then it is incorrect (not permissible) to share the meat according to one's discretion. It must be weighed and divided equally. It is sinful to take more and the best of everything since everyone has an equal share. It is wrong for just 2 or 3 people to take half of the cow and leave the other half for the rest of the partners. It is also wrong for some of the partners to take the meat which they like before the cow is divided. According to the above rules, the sacrifice may not be accepted.

MAS'ALA 40
1. A goat purchased for sacrifice MUST be at least a year old and above, otherwise the sacrifice will not be valid.
2. A cow MUST be 2 years old and above.
3. If a sheep is less than a year old, but it is such a size that it resembles a sheep of one year, then its sacrifice will be valid.

MAS'ALA 41
A crippled animal should not be sacrificed if it walks only with 3 legs and if the 4th leg is put on the ground the animal cannot walk with it. However, if it can support itself with the 4th crippled leg although it limps along, the animal may be sacrificed.

MAS'ALA 42
An animal is not fit for sacrifice if it is so thin and lean that the bones have no marrow in them.

MAS'ALA 43
It is incorrect to sacrifice an animal which has no teeth or if the number of teeth which have fallen off exceed those that remain.

Source:  Jamiatul Ulama (Kwazulu-Natal)