Muslim

Hadith Commentary:
Benefits and Issues:
Badanah or Hady refers to the cow or camel that is brought along at the time of entering into ihram, while Jazur (camel) is the one that is purchased at the time of sacrifice. However, in the matter of sacrifice, the ruling for both is the same.

English Commentary:
1:
This hadith of Jabir radi Allahu anhu pertains to the “hady” (sacrificial animal) of Hajj and Umrah, whereas the following hadith of Ibn Abbas radi Allahu anhu is regarding the sacrifice (udhiyah). (And this is also supported by the hadith of Rafi‘ bin Khadij, which is narrated in the Sahihayn, in which it is mentioned that the Prophet sallallahu alayhi wa sallam distributed ten goats in place of one camel from the spoils of war, meaning: one camel is equivalent to ten goats.) Al-Shawkani has reconciled these two hadiths in this manner.

Explanation:
1:
For the hadith of Ibn Abbas (radi Allahu anhuma), see:
Hadith number (1501).
His hadith pertains to the sacrifice (qurbani),
whereas the hadith of Jabir relates to the sacrificial animal (hady) of Hajj and Umrah.

Buffalo Sacrifice

In Persian, the buffalo is called "gav-mesh," and its Arabicized form is "jamus." It was found in Sudan and Egypt. The lexicographers are unanimous that the buffalo is a species of cow.

There is consensus (ijma‘) on the permissibility of buffalo sacrifice.

❀ Imam Ahmad ibn Hanbal rahimahullah was asked whether seven people can share in the sacrifice of a buffalo. He replied:

«لَا أُعْرِفُ خِلَافَ هَذَا .»

I do not know of any difference of opinion in this matter. [مسائل الإمام أحمد واسحاق بن راهويه برواية الكوسج: 369/2]

❀ Imam Ibn al-Mundhir rahimahullah (319 AH) said:

«أَجْمَعُوا عَلَى أَنَّ حُكْمَ الْجَوَامِيسِ حُكْمُ الْبَقَرِ .»

There is consensus among the scholars that the ruling for buffaloes is the same as that for cows. [الإجماع، ص 45]

❀ Al-‘Allamah Ibn Qudamah rahimahullah (220 AH) said:

«لا خِلَافَ فِي هَذَا نَعْلَمُهُ .»

We do not know of any difference of opinion in this regard. [2444/2: المغني]

❀ Hafiz Ibn Qattan al-Fasi rahimahullah (228 AH) said:

«أَجْمَعُوا أَنَّ الْجَوَامِيسَ بِمَنْزِلَةِ الْبَقَرِ، وَأَنَّ اسْمَ الْبَقَرِ وَاقِعُ عَلَيْهَا .»

There is consensus among the scholars that buffaloes are, in ruling, like cows, and the name "cow" applies to them. [الإقناع فى مسائل الإجماع: 205/1]

The buffalo is also a species of cow.

❀ Shaykh al-Islam Ibn Taymiyyah rahimahullah (728 AH) said:

«الْجَوَامِيسُ بِمَنْزِلَةِ الْبَقَرِ حَكَى ابْنُ الْمُنْذِرِ فِيهِ الْإِجْمَاعَ .»

The buffalo is like the cow; Ibn al-Mundhir rahimahullah has transmitted consensus on this. [مجموع الفتاوى: 37/25]

❀ In the most authoritative book of Hanafi jurisprudence, it is stated:

«البقرُ وَالْجَوَامِيسُ جِنْسُ وَاحِدٌ .»

The cow and the buffalo are of the same species. [فتاوي عالمگيري 120/3]

❀ It is also written:

«لَا يَقَعُ اسْمُ الْبَقَرِ عَلَى الْجَامُوسِ، وَإِنْ كَانَ مِنْ جِنْسِ الْبَقَرِ هُكَذَا فِي الْبَدَائِع .»

The term "baqar" (cow) is not used for the buffalo, although the buffalo is of the species of baqar; this is how it is recorded in Bada’i‘ al-Sana’i‘. [فتاوي عالمگيري: 577/3]

❀ Al-‘Allamah Ibn Bazzaz Kardari al-Hanafi rahimahullah (827 AH) said:

«الْجَامُوسُ يَجُوزُ فِيهَا .»

The sacrifice of the buffalo is permissible. [الفتاوى البزازية: 289/6]

❀ The famous lexicographer, al-‘Allamah Azhari rahimahullah said:

«أَجْنَاسُ الْبَقَرِ مِنْهَا الْجَوَامِيسُ .»

There are various species of cow, and among them is the buffalo. [الزاهر فى غريب ألفاظ الشافعي، ص 101]

❀ Al-‘Allamah Wahbah al-Zuhayli rahimahullah said:

«لَا خِلَافَ فِي أَنَّ الْجَوَامِيسَ وَالْبَقَرَ سَوَاءٌ لِاتِّحَادِ الْجِنْسِيَّةِ، إِذْ هُوَ نَوْعٌ مِّنْهُ .»

There is no difference of opinion that cows and buffaloes are equal in ruling, because their species is one; the buffalo is a type of cow. [الفقه الإسلامي: 1926/3]

❀ The lexicographical Imam, al-‘Allamah Abu Nasr al-Jawhari rahimahullah (393 AH) said:

«الْجِنْسُ الضَّرْبُ مِنَ الشَّيْءِ، وَهُوَ أَعَمُّ مِنَ النَّوْعِ .»

A species (jins) refers to a type of thing, and it is more general than a kind (naw‘). [الصحاح تاج اللغة: 915/3]

❀ Al-‘Allamah ‘Ayni al-Hanafi rahimahullah (855 AH) transmits:

«الْبَقَرُ جِنْسُ، وَأَنْوَاعُهُ: الْجَامُوسُ .......»

Baqar (cow) is a species, and among its types is the buffalo. [البناية شرح الهداية: 324/3]

Buffalo Sacrifice

Regarding the sacrifice of buffalo, the fatwa of Mufti of Pakistan, the hadith scholar of the era, our respected teacher Hafiz Sanaullah Madani rahimahullah

Question: Is it permissible to sacrifice a buffalo (jamus) as well? (24 April 1992)

The answer, with the help of Al-Wahhab, provided the question is valid

All praise is due to Allah, and peace and blessings be upon the Messenger of Allah. To proceed:

The Noble Qur’an has specified «بَهِيْمَةُ الْاَنْعَامِ» for sacrifice. The statement of Allah, the Exalted, is:

﴿لِيَذكُرُوا اسمَ اللَّهِ عَلىٰ ما رَزَقَهُم مِن بَهيمَةِ الأَنعـٰمِ﴾ [سورة الأنعام 34]

“So that they may mention the name of Allah over what He has provided for them of the cattle of livestock (bahimat al-an‘am).”

By «بَهِيْمَة الْاَنْعَامِ» is meant camel, cow, goat, sheep, ram, etc.; buffalo is not included among them. Secondly, it is not reported from the Noble Prophet sallallahu alayhi wa sallam or the noble Companions radi Allahu anhum that they ever sacrificed any animal other than these. However, the Hanafi school holds that sacrificing a buffalo is permissible. They have made an analogy (qiyas) between buffalo and cow. But everyone knows that, in terms of characteristics, the buffalo is a completely different species from the cow. On this basis, the jurists have explicitly stated that if someone swears an oath not to eat cow meat, but then eats buffalo meat, his oath is not broken. And those linguists who have considered it a type of cow, this appears to be a clear case of laxity. «وَاللّٰهُ تَعَالٰي اَعْلَمُ»

And if someone says: “If sacrificing a buffalo is not permissible, then its zakat should also not be obligatory?” The answer to this objection can be seen in the words of my honorable teacher, the hadith scholar of Ropari rahimahullah.

It should be remembered that some issues, from the perspective of precaution, have two aspects, and one must act upon the side of precaution.

The mother of the believers, Sawda radi Allahu anha’s father Zam‘a’s slave woman, in the time of ignorance, committed adultery with Utbah bin Abi Waqqas. A boy was born, who was raised by his mother. The adulterer died and bequeathed to his brother Sa‘d bin Abi Waqqas that the son of Zam‘a’s slave woman is mine, so take him into your custody. At the time of the conquest of Makkah, Sa‘d bin Abi Waqqas took hold of the boy and said, “This is my nephew.” Zam‘a’s son said, “This is my father’s son, so he is my brother; I will take him.” The case was presented before the court of the Prophet sallallahu alayhi wa sallam. The Prophet sallallahu alayhi wa sallam said:

«الوَلَدُ لِلْفِرَاشِ، وَلِلْعَاهِرِ الحَجَرُ» [مشكوة باب اللعان، فصل اول، صحيح البخاري، بَابٌ: لِلْعَاهِرِ الحَجَرُ، رقم: 6817]

“Offspring belongs to the (owner of the) bed, and for the adulterer is the stone.”

That is, “He is unsuccessful, and his ruling is stoning.” The child was handed over to the brother of Sawda radi Allahu anha, who thus became her brother as well. But Sawda radi Allahu anha was ordered to observe veiling (hijab) from him, because his appearance resembled the adulterer, which raised suspicion that he was from the adulterer’s seed. In this issue, the ruling of veiling was given based on appearance, but in terms of whose household he was born in, he was made the son of that household—thus, the side of precaution was observed. The same is the case with the buffalo. In this, too, precaution will be observed in both aspects: paying zakat is precaution, and not sacrificing is precaution. On this basis, the sacrifice of buffalo is not permissible, and those who have written that «اَلْجَامُوسُ نَوْعٌ مِنَ الْبَقَرِ»—that is, buffalo is a type of cow—this can only be correct in terms of zakat; otherwise, it is clear that buffalo is a different species. [فتاويٰ اهل حديث، ج: 2، ص: 426۔ 427]

This is the great issue on the basis of which the renowned researcher Mawlana Abdul Qadir Hisari rahimahullah awarded my honorable teacher the title of mujtahid. Al-I‘tisam: Mawlana Abdul Qadir Arif Hisari (may Allah have mercy on him) initially gave a fatwa of impermissibility regarding the sacrifice of buffalo, but later retracted and gave a fatwa of permissibility, which is published in Al-I‘tisam. In addition, the author of “Mir‘at,” Shaykh al-Hadith Mawlana Ubaidullah Rahmani, also did not deny its permissibility. For details, see “Al-I‘tisam,” 2 October 1981 (p. y) «رحمهما الله رحمة واسعة»

Imam Bukhari rahimahullah has also clarified this aspect of precaution in his Sahih. See: [باب تفسير المشبهات كتاب البيوع]

Note: For both cow and buffalo, among thirty heads, a one-year-old calf (male or female) is obligatory in zakat, provided they graze outside and their fodder is not purchased. [مؤطا امام مالك باب ما جاء فى صدقة البقرة، رقم: 24]

This is what I have, and Allah knows best what is correct.

Fatawa of Hafiz Sanaullah Madani

Volume: 3, Kitab al-Sawm: Page: 414

Muhaddith Fatwa

Benefits and Issues:
➊
These hadiths establish that the sacrifice of cows, bulls, camels, and she-camels is proven from the Messenger of Allah (sallallahu alayhi wa sallam) and the noble Companions (radi Allahu anhum ajma'in).
Therefore, the meat of these animals is also lawful (halal) and pure (tayyib).
Thus, eating the meat of these animals is permissible.

➋
The milk of she-camels and cows is also pure (tayyib) and lawful (halal).
Therefore, drinking the milk of these animals is also permissible.

➌
In the aforementioned hadiths, it is mentioned that at the time of sacrifice, seven people can share in a cow or a camel.
Whereas in the narrations of Jami' al-Tirmidhi and Sunan Ibn Majah, it is mentioned that seven people can share in a cow and ten in a camel.
However, there is no contradiction between these two types of narrations.
Because the incident of ten people sharing in a camel pertains to the occasion of sacrifice (udhiyah),
while the sharing of seven people pertains to Hajj and 'Umrah.
Therefore, during Hajj and 'Umrah, only seven people may share in a cow or a camel,
whereas in general sacrifice, seven may share in a cow and ten in a camel.
This distinction is established from the hadiths.
Some people, by dividing the shares for 'aqiqah, perform multiple 'aqiqahs in a single cow.
However, this method is not proven from the Noble Prophet (sallallahu alayhi wa sallam).
Moreover, doing so is also contrary to the textual evidence.

Benefits and Issues:
From the first hadith, it is understood that ten people can share in a camel.
And from the second hadith, it is understood that seven people can share in a camel.
Imam Muslim rahimahullah has narrated multiple ahadith from Hazrat Jabir radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam, both in Hajj and in Umrah, allowed seven people to share in one camel. (Sahih Muslim, Book of Hajj, Chapter: The Permissibility of Sharing in the Sacrificial Animal and the Sufficiency of a Camel or Cow for Seven, Hadith: 1318)
However, there is no contradiction between these ahadith, because the incident of ten people sharing in a camel pertains to the occasion of general sacrifice (udhiyah), whereas the sharing of seven people pertains to Hajj and Umrah.
Therefore, in Hajj and Umrah, only seven people can share in both a cow and a camel, whereas in general sacrifice, seven people can share in a cow and ten (10) people can share in a camel.
This distinction is established from the hadith.

This partnership is permissible only in sacrifice (qurbani), not in 'aqiqah, because sacrifice (qurbani) has a single specified day, whereas 'aqiqah is performed according to the birth of each child.

Hadith Authentication:
[وأخرجه مسلم 1318/350، من حديث ما لك به وصرح ابوالزبير بالسماع عند احمد 378/3 ح 15043]

Jurisprudential Points
➊ In the sacrifice (udhiyah) of a cow or camel, seven people can share, and according to another hadith, up to ten people can share in the sacrifice of a camel. See: [سنن الترمذي : 1501، وسند حسن، سنن النسائي :4397، سنن ابن ماجه: 3131]
➋ The year of Hudaybiyyah is 6 AH. See: [التمهيد 147/12]
➌ If among the participants in the sacrifice, one person is a dhimmi (non-Muslim), there is a difference of opinion among the scholars. Some say it is permissible, and some say it is not permissible. The preferred opinion is that a dhimmi should not be included in the sacrifice.
➍ If among the participants in the sacrifice, one person is an innovator (mubtadi‘) whose innovation is not an act of disbelief (bid‘ah mukaffirah), the sacrifice is valid, but it is better that the one performing the slaughter is of sound creed, and that no innovator is included in the sacrifice.
➎ The entire sacrifice can also be on behalf of one person.
➏ If, for example, six people share in a cow or camel, then one person should take two shares, and it should not be done that the seventh share is divided among six people, because there is no evidence for this.
➐ If, due to some excuse, a person cannot go to the Haram, then it is permissible for the sacrifice to be done outside the Haram on his behalf, but it is better that the sacrifice is performed within the boundaries of the Haram.
➑ The sacrifice of one goat is sufficient on behalf of the entire household. See: [سنن الترمذي 1505، وسنده حسن وقال: ”حسن صحيح“]
● Sayyiduna Abu Ayyub al-Ansari radi Allahu anhu said that we used to slaughter one goat on behalf of the entire household. [الموطأ 486/2 ح 1069، وسنده صحيح، والسنن الكبريٰ للبيهقي 268/9]
● By analogy, one share of a cow is sufficient on behalf of the entire household. «والله اعلم»
➒ Sacrifice other than for Hajj is Sunnah, not obligatory. See: [الموطأ 487/2 قال مالك: الضحية سنة وليست بواجبة ولا أحب لأحد ممن قوي على ثمنها أن يتركها]
➓ There is consensus that the buffalo is included in the ruling of the cow, i.e., it is a type of cow. See the book [الاجماع لا بن المنذر 91]
But in light of other evidences and as a precaution, it is better that its sacrifice is not performed. «والله أعلم»