Friday 4 November 2011

Masai'il on Sadaqatul Fitr, QURBAANI - SACRIFICE, Aqeeqah, and The Method of Slaughtering an Animal by maulana ashraf ali thanvi r.a



BAHISHTI ZEWAR

Sadaqatul Fitr
QURBAANI - SACRIFICE
Aqeeqah
The Method of Slaughtering an Animal
Sadaqatul Fitr
1. Sadaqatul fitr is wajib on the following persons: (1) the person upon whom zakaat is wajib, (2) the person upon whom zakaat is not wajib but who has wealth equal to the nisaab of zakaat over and above his basic needs. This is irrespective of whether the wealth is for the purposes of trade or not and irrespective of whether he had it in his possession for a full year or not. Thissadaqah has to be given on or before the day of eid ul-fitr.
2. A person has a massive house, very expensive clothing which does not have any gold or silver lace on it, he has a few servants, he has lots of furniture and other items but does not have any jewellery, and all these items are in use. Sadaqatul fitr is not wajib on such a person. Alternatively, he has certain items which are over and above his basic needs, some of his clothing has gold or silver lace on it, and he also has some jewellery. However, all these items do not reach the nisaab of zakaat. Sadaqatul fitr is also not wajib on such a person.
3. A person owns two houses. He lives in one, and the other is either empty or given out on rent. This house is over and above his basic need. Therefore, if its value is equal to the nisaab of zakaat, sadaqatul fitr will be wajib on him. It is also not permissible to give zakaat to such a person. However, if this person is dependent on this second house, it will be considered to be a basic necessity and sadaqatul fitr will not be wajib on him. It will be permissible for him to accept zakaat and to give zakaat to him as well. In short, sadaqatul fitr is not wajib on a person who is permitted to receive zakaat and other wajib forms of sadaqah. As for the one who is not permitted to receive such charities, sadaqatul fitr will be wajib on him.
4. A person has some wealth that is over and above his basic needs. However, he is also in debt. In such a case, his debts should be deducted from his wealth. If the balance of his wealth equals the nisaab of zakaat, sadaqatul fitr will be wajib on him. But if it falls short of the nisaab, sadaqatul fitr will not be wajib.
5. Sadaqatul fitr becomes wajib at the time of fajr on the day of eid ul-fitr. If a person passes away before the entry of fajr time, sadaqatul fitr will not be wajib on him nor will it be given from his wealth.
6. It is best to give the sadaqatul fitr before going to the eid -gah. If it is not given before, there will be no harm in giving it after the eid salaat.
7. If a person gives his sadaqatul fitr before the day of eid, i.e. in Ramadaan, it will be fulfilled. It is not necessary to give it a second time.
8. If a person does not give his sadaqatul fitr on or before the day of eid, he will not be absolved from this duty. He will have to fulfil it at some time or the other.
9. Sadaqatul fitr is wajib only on oneself and not on behalf of someone else: neither on one's children, one's parents, one's husband nor anyone else.
10. If a small child receives some wealth through inheritance or some other way, and this wealth equals the nisaab, sadaqatul fitr should be given from this wealth of his. But if the child is born on the day of eid after the time of fajr sets in (dawn), sadaqatul fitr will not be wajib on him.
11. Sadaqatul fitr is wajib on those who fast in Ramadaan and also on those who missed out some fasts due to some reason or the other. There is no difference in ruling between the two.
12. If a person wishes to give wheat, wheat flour or parched, grounded wheat as sadaqatul fitr, he should give approximately one and half to two kilos. It would be preferable to give a little more than this amount. But if he wishes to give barley or barley flour, he should give double this amount, i.e. between 3 to 4 kilos.
13. If a person wishes to give any other dry grocery such as gram or rice, he should give an amount that equals the value of the amount of wheat or barley that has been mentioned above.
14. It is best to give the value of the wheat or barley in cash instead of the actual wheat or barley.
15. The sadaqatul fitr of one person could be given to one poor person or distributed among several poor persons.
16. It is also permissible to give the sadaqatul fitr of several persons to one single poor person.
17. Those who are entitled to receive zakaat are also entitled to receive sadaqatul fitr.
18. If the marriage of an immature girl is performed and she is sent to her husband's house, sadaqatul fitr will be wajib on her if she is rich. But if she is poor, we will have to see if she is old enough to serve her husband and at the same time old enough to be in his company. If she is old enough for both these things, sadaqatul fitr will not be wajib on her, her husband nor her father. But if she is not capable to do both these things, sadaqatul fitr will be wajib on her father. If she is not sent to her husband's house as yet, sadaqatul fitr will be wajib on her father irrespective of whether she is old enough to do both the above or not.
QURBAANI - SACRIFICE
There is very great merit in qurbaani. Rasulullah sallallahu alayhi wa sallam said: "During the days of qurbaani, Allah Ta'ala does not like any act more than qurbaani. In the days of qurbaani, the act of qurbaani surpasses all other acts of piety. At the time of sacrificing the animal, this noble act is accepted by Allah Ta'ala before the blood of the animal can reach the ground. Therefore, make qurbaani happily and open-heartedly." Rasulullah sallallahu alayhi wa sallam also said: "For every hair that is on the sacrificial animal, one reward is recorded for the person making the qurbaani." Glory be to Allah! Can there be a reward greater than this, that a person receives hundreds and thousands of rewards for just one single qurbaani! If a person had to count the strands of wool on a sheep from morning till evening he will not be able to complete the count. Just try and imagine the innumerable rewards for one single qurbaani. Piety demands that even if qurbaani is not wajib on a person, he should make it in order to receive such great rewards. When this day of qurbaani passes, when will one ever get an opportunity like this again, and how will he be able to receive such innumerable rewards so easily? If Allah Ta'ala has blessed a person with wealth, then apart from making qurbaani for himself, he should also make qurbaani for his relatives such as his parents who have passed away so that their souls will also be amply rewarded. One should also try and make qurbaani on behalf of Rasulullah sallallahu alayhi wa sallam, his wives, on behalf of one's spiritual guides, etc. If all this is not possible, one should at least make on one's own behalf because qurbaani iswajib on the person who is wealthy. Qurbaani is wajib on the person who is wealthy and who has been blessed with everything. If he does not make qurbaani despite all this wealth, who can be more unfortunate than him? Apart from this, he will also be regarded as a sinner.
Once the sacrificial animal has been laid down towards the qiblah, the following dua should be recited:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thereafter he should say:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and then slaughter the animal. After slaughtering the animal, the following dua should be recited:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1. Qurbaani is wajib on the person upon whom sadaqatul fitr is wajib. If the person does not have wealth which equals the nisaab of sadaqatul fitr, qurbaani will not be wajib on him. But if he makes qurbaani despite it not being wajib on him, he will be greatly rewarded.
2. Qurbaani is not wajib on a musafir.
3. The time of qurbaani commences from the day of eid ul-ad'haa, i.e. the 10th of Zil Hijjah until the sunset of the 12th of Zil Hijjah. Qurbaani could be made on any of these three days. However, the best day for qurbaani is the day of eid ul-ad'haa, followed by the 11th and then the 12th of Zil Hijjah.
4. It is not permissible to make qurbaani prior to the eid salaat. Qurbaani should be made when the people complete offering their eid salaat. However, it is permissible for those who live in the villages and on farms to make their qurbaani from the commencement of fajr time. But the inhabitants of cities and towns should make their qurbaani after the eid salaat.
5. If a city dweller sends his sacrificial animal to the village or farm, it will be permissible for this qurbaani to be made before the eid salaat even if this person is still in the city. Once the sacrificial animal is sent to the village, it becomes permissible to sacrifice it before the eid salaat. Once it has been slaughtered, the person can bring it back and consume its meat.
6. It is permissible to make qurbaani on the 12th of Zil Hijjah provided this is done before sunset. It is not permissible to make the qurbaani once the sun has set.
7. Qurbaani could be made at any time between the 10th and 12th of Zil Hijjah. One has the choice of making it at night or during the day. However, it is not good to make the qurbaani at night as there is the danger of not cutting one of the veins and thereby making the qurbaani invalid.
8. A person was a musafir on the 10th, 11th, and 12th but returned before sunset on the 12th. Alternatively, he made the intention of stopping over at a place for more than 15 days. In both cases, qurbaani will be wajib on him. Similarly, qurbaani was not wajib on a person due to his not having the nisaab which makes qurbaani wajib. However, he received some money before sunset on the 12th. Qurbaani will therefore become wajib on him.
9. It is best to make one's qurbaani with one's own hands. However, if a person cannot slaughter an animal, he should appoint someone to do so and also present himself at the time when the animal is being slaughtered. But if a woman cannot be present there due to purdah, then there is no harm in her not being present when her animal is being slaughtered.
10. At the time of slaughtering the animal, it is not necessary to make a verbal intention or dua. If the person has the intention in his heart that he is making qurbaani and thereafter makes qurbaani after having said Bismillahi Allahu Akbar, the qurbaani will be valid. But if the person remembers the dua that has been mentioned above, it will be best to recite it.
11. Qurbaani is only wajib on one's own behalf. It is not wajib on behalf of one's children. In fact, if one's immature children are rich, even then qurbaani is not wajib on their behalf - neither from one's own wealth nor from their wealth. If a person makes qurbaani on their behalf, it will be considered to be an optional (nafl) qurbaani. However, this qurbaani will have to be made from one's own wealth. Under no circumstances should it be made from their wealth.
12. Qurbaani is permissible with the following animals: goats, sheep, bulls, buffaloes, camels. The females of each could also be used for qurbaani. Apart from these, qurbaani is not permissible with any other animal.
13. It is permissible for seven people to take shares from one bull, buffalo or camel. However, the condition for this is that no person's share should be less than one seventh of the total. In addition to this, the intention of all of them should be that of qurbaani or aqeeqah and no one should have the intention of merely consuming the meat. If anyone's share is less than one seventh, the qurbaani of all seven persons will not be valid.
14. If less than seven persons share one bull, e.g. if six persons share one animal and none of their shares is less than one seventh, this qurbaani will be valid. But if eight persons share one animal, the entire qurbaani will be invalid and no one's share will be accepted.
15. A person purchased a bull for the purpose of qurbaani. At the time of purchasing the animal, he made the intention that if anyone wishes to share the animal with him he will allow them to do so. Later, a few people joined him in sharing the bull. This qurbaani will be valid. But if at the time of purchasing the animal, he did not intend sharing it with anyone else and decided to keep the entire animal for himself, then it will not be good to share the animal with anyone else. If this person does happen to share the animal with someone else, we will have to see if this person who originally purchased the animal for himself is a rich person or a poor person. If he is a rich person and qurbaani was wajib on him, it will be permissible to do so. But if he is a poor person and qurbaani was not wajib on him, it will not be permissible for him to share this animal with anyone else if he did not make the intention to do so at the time of purchasing the animal.
16. A qurbaani animal got lost. The person therefore purchased another animal. Thereafter, he found the first animal. If this happened to a rich person, the qurbaani of only one animal iswajib on him. But if this happened to a poor person, the qurbaani of both animals will be wajib on him.
17. If seven persons share one animal, the meat should be equally distributed by weighing it in the proper manner. It should not be distributed by mere estimation. If the meat is not properly weighed and there is a difference in the amount of shares, this will be regarded as interest and also a sin. However, if the head, hooves and skin are also shared, it will be permissible to give less meat to the one who received the head, feet or skin. If a person receives the same amount of meat as the others and also receives the head, feet or skin, this will also be regarded as interest and a sin.
18. A goat that is less than a year old is not permissible. When it completes a full year, qurbaani of it will be permissible. Bulls and buffaloes have to be at least two years old. Camels have to be at least five years old. Sheep that are fat and healthy and appear to be one year old and if kept with one year old sheep cannot be distinguished, then in such a case a sheep that is even six months old can be used for qurbaani. But if this is not the case, then the sheep will have to be at least one year old.
19. An animal that is blind or more than one third of it's eye sight is lost, or one third or more of it's ear is cut off, or one third or more of it's tail is cut off cannot be used for qurbaani.
20. An animal that is lame and only walks on three feet without placing the fourth foot on the ground or places it's fourth foot on the ground but does not walk with it cannot be used for qurbaani. But if it uses it's fourth foot as a support and walks in a lame fashion, it's qurbaani will be valid.
21. An animal that is extremely frail to such an extent that there is no meat on its bones cannot be used for qurbaani. But if an animal is not so frail and is merely thin by nature, then the qurbaani of such an animal will be valid. However, it is best to use an animal that is strong and healthy.
22. Qurbaani of an animal that has no teeth at all is not permissible. But if a few teeth have fallen off and a major portion of the teeth are still intact, then such an animal will be permissible.
23. Qurbaani of an animal that was born without ears is not permissible. However, if an animal has very small ears, it will be permissible to make qurbaani of it.
24. It is permissible to make qurbaani of an animal that was born without horns or an animal whose horns were broken off. However, if the horns are removed from their roots, such an animal cannot be used for qurbaani.
25. The qurbaani of castrated goats, sheep, etc. is permissible. An animal that is mangy (afflicted with a skin disease) can also be used for qurbaani. However, if this animal has become absolutely frail due to this manginess, then it cannot be used for qurbaani.
26. If an animal was purchased for qurbaani and later it developed a certain defect whereby qurbaani is not permissible, another animal should be purchased in place of this animal. However, if a poor person upon whom qurbaani was not wajib purchased such an animal, he does not have to purchase another animal. He could use the same animal that he had originally purchased.
27. The meat of qurbaani should be consumed by oneself, it should be given to one's friends and relatives, and also given to the poor and needy. It is best to give at least one third away as charity. One should not give less than one third. However, if a person gives even a very little amount to the poor, there will be no harm in this.
28. The skin of the animal could be given as it is, or one could sell the skin and give the money derived from it as charity. This money should be given to people who are entitled to receive zakaat. Furthermore, the same money that one received for the skin should be given. It is not good for a person to use that money for some other purpose even if he gives that same amount at a later time. However, if he does so, his obligation will be fulfilled.
29. The amount received for the skin cannot be used for the upkeep of a musjid or any other noble deed. It will have to be given in charity.
30.The qurbaani skin could be used for one's personal use, e.g. it could be used to make a water bag, leather socks, musallah, etc.
31. No meat, fat or scraps of meat should be given to those who help in the skinning and cutting of the animal as a form of payment. They should be paid separately for the work which they have done.
32. The strings, ropes, chains, etc. of qurbaani should be given in charity.
33. Qurbaani was not wajib on a person. However, he purchased an animal with the intention of qurbaani. Qurbaani now becomes wajib on him.
34. Qurbaani was wajib on a person. However, he did not make qurbaani so much so that the three days of qurbaani also expired. He should therefore give the value of one goat or sheep in charity. But if he bought a goat and did not sacrifice it within those three days, he should give that very goat as it is in charity. That is, he should give it without slaughtering it.
35. A person took an oath that if a certain work of his is fulfilled, he will make a qurbaani. If his work is fulfilled, qurbaani will become wajib on him irrespective of whether he is a poor or a rich person. The meat of such a qurbaani will have to be given to the poor. The person cannot consume it himself nor can he give it to any rich people. If he happens to consume some of that meat or gives some to any rich person, he will have to give that same amount in charity again.
36. If a person makes qurbaani on behalf of a dead person out of his own will in order to send the rewards to the deceased person, it will be permissible for this person to consume the meat himself, feed others, and also distribute it to whomsoever he wishes. In other words, he can use it as he would with his own qurbaani.
37. However, if a deceased person had made a bequest that qurbaani be made on his behalf from his wealth, and qurbaani was made according to this wish of his, it will be wajib to give allthe meat in charity.
38. If a person is not present and someone makes qurbaani on his behalf without his orders, this qurbaani will not be valid. And if a share was included in an animal on behalf of a person without his orders, the qurbaani of all the other shares will also not be valid.
39. If a person gives his animal to someone to take care of it, this animal does not fall under the ownership of this person who is taking care of it. It remains under the ownership of the original person. Therefore, if a person purchases this animal from the person who is taking care of the animal, the qurbaani will not be valid. If one wishes to purchase such an animal, one should go to the original owner.
40. There are several persons sharing one animal and they do not wish to divide the animal among themselves. Instead, they decide to distribute the entire animal among the poor, friends, relatives, or wish to use it for cooking and feeding. It will be permissible for them to do so. However, if they wish to distribute it amongst themselves, they will have to do so justly and on an equal basis.
41. It is not permissible to give the value of the skin as a form of payment to anyone because it is necessary to give it in charity.
42. It is permissible to give the meat of qurbaani to non-Muslims on condition that it is not given as a form of payment.
43. The qurbaani of a pregnant animal is permissible. If it's young one comes out alive, it will be necessary to slaughter it as well.
Aqeeqah
1. When a boy or girl is born to a person, it is preferable to name the child on the seventh day and to make aqeeqah. By making aqeeqah, the child is safeguarded from all types of dangers and calamities.
2. The method of aqeeqah is that if a boy is born, two goats or two sheep should be slaughtered. If a girl is born, one goat or one sheep should be slaughtered. Alternatively, if one wishes to take a share in a bull that is being slaughtered for qurbaani, then two shares should be taken for a boy and one share for a girl. Furthermore, the child's head should be shaved, the hair should be weighed, and gold or silver equal to the weight of the hair should be given in charity. If one wishes, saffron could be applied to the child's head.
3. If one does not make the aqeeqah on the seventh day, one should bear in mind the seventh day (when making the aqeeqah in the future). The method of calculating the seventh day is that the day that the child is born, aqeeqah should be made the following week but one day before that. For example, if the child is born on a Friday, aqeeqah should be made on the following Thursday. If the child was born on a Thursday, aqeeqah should be made on the following Wednesday.
4. The custom of slaughtering the animal at the exact time when the barber places his shaving machine on the child's head is nothing but a useless custom. According to the Shariah, it is permissible to slaughter the animal either before shaving the head or after. It is not good to insist on following customs that have no basis in the Shariah.
5. The animal that cannot be used for qurbaani cannot be used for aqeeqah as well. If an animal is permissible for qurbaani, it will be permissible for aqeeqah as well.
6. The meat of aqeeqah could be distributed raw, cooked, or it could be prepared as a meal and people could be invited to join in the meal.
7. It is permissible for the parents, grand parents, etc. to consume the meat of aqeeqah.
8. A person does not have sufficient wealth. He therefore makes aqeeqah of only one animal on behalf of his son. There is no harm in doing so. If a person does not make aqeeqah at all, there is no harm in this as well.
The Method of Slaughtering an Animal
1. The method of slaughtering an animal is that the animal should be placed on the ground with the face towards the qiblah. The person should take a sharp knife, recite Bismillahi Allahu Akbar and cut the neck of the animal in such a manner that four veins (or passage ways) are cut off. They are: the air passage, the gullet, and the two jugular veins which are on either side of the gullet and the air passage. If only three out of these four are cut, the slaughter will be valid and the animal will be halaal. If only two of the four are cut, the animal will be considered to be dead and it will not be permissible to consume the meat of such an animal.
2. At the time of slaughtering the person intentionally did not take the name of Allah Ta'ala. The animal will be considered to be dead and it will be haraam to consume it. But if a person forgets to take the name of Allah Ta'ala, the animal will be halaal.
3. It is makruh to slaughter an animal with a blunt knife as this causes much suffering to the animal. It is also makruh to begin skinning, cutting, breaking the hands and feet of the animal before it can become cold (meaning, before it can become lifeless). Similarly, it is makruh to continue cutting the animal's neck after having cut the four passage ways.
4. At the time of slaughtering a fowl, it's entire neck got cut off. It is permissible to eat such a fowl, and not makruh. However, it is makruh to slaughter the fowl in such a manner, although consuming it is not makruh.
5. Slaughtering of an animal by a Muslim is permissible under any condition. This is irrespective of whether the Muslim is a male, a female, in a state of purity or in a state of impurity. In all conditions, an animal slaughtered by a Muslim is halaal. An animal slaughtered by a non-Muslim is haraam.
6. It is permissible to slaughter an animal with any sharp object such as a sharp stone, a sharp cane, a sharp bamboo, etc.

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