Question:
If a person buys an animal for sacrifice, and after purchasing the animal, it develops a defect, for example, its leg breaks or it becomes lame, then what should be done in such a case? Should a new animal be bought or should the same animal be sacrificed? Please answer in the light of the Quran, Hadith, the practices of the Companions, and the consensus of the Ummah, and also clarify whether the Ahl al-Hadith accept the consensus of the Ummah and legal ijtihad. By what evidence is the authority of consensus and ijtihad established?
Please provide a detailed written answer.
Answer:
It is absolutely correct that sacrificing a lame or defective animal is not permissible.
The Prophet Muhammad ﷺ said:
((أربع لا تجوز فى الأضاحي: الــعــراء بين عورها، والمريضة بين مرضها والعرجاء بين عرجها والكسير التي لا تنقى.))
The sacrifice of four types of animals is not permissible:
Clearly lame, clearly sick, obviously defective (kana), and so weak that its bones are visible.
This is the case when an animal is purchased for sacrifice.
If a clean and defect-free animal is purchased for sacrifice and later some defect appears in it, then regarding this, Sayyiduna Abdullah bin Az-Zubair (RA) says:
’’ إن كان أصابها بعد ما اشتريتموها فأمضوها و إن كان أصابها قبل أن تشتر وها فأبد لوها ‘‘
If this defect occurred after you purchased it, then perform the sacrifice with it, and if the defect occurred before you purchased it, then exchange this animal, meaning perform the sacrifice with another animal.
The famous trustworthy Imam of Ahl al-Sunnah and the venerable Tabi’i Imam Ibn Shihab Az-Zuhri (RA) says:
’’إذا اشترى الرجل أضحية فمرضت عنده أو عرض لها مرض فهى جائزة “
If a person buys an animal for sacrifice and then it becomes sick while in his possession, then the sacrifice of that animal is permissible.
In summary, in the case in question, the sacrifice of the sacrificial animal is permissible.
الحمد للہ The Ahl al-Hadith believe in the consensus of the Ummah as proof and accept the permissibility of legal ijtihad. The Prophet Muhammad ﷺ said:
(لا يجمع الله أمتي على ضلالة أبدًا ويد الله على الجماعة)
Allah will never gather my Ummah upon misguidance, and the hand of Allah is upon the Jama’ah (i.e., consensus).
Hakim Nishapuri used this hadith as evidence for the authority of Ijma (consensus).
Sayyiduna Umar (RA) wrote to Qadi Shuraih (RA):
If it is not found in the Book of Allah and the Sunnah of the Messenger of Allah ﷺ, then see on what matter the people have consensus, and then accept that.
Sayyiduna Abdullah bin Mas’ud (RA) said:
“ما رأى المسلمون حسنًا فهو عند الله حسن وما رآه المسلمون سيئًا فهو عندالله ن سيئًا فهو عند الله سي ….”
Whatever all Muslims consider good is also good in the sight of Allah, and whatever all Muslims consider bad is also bad in the sight of Allah.
Sayyiduna Abu Mas’ud Uqbah bin ‘Amr al-Ansari (RA) said:
“أوصيك بتقــوى الـلـه ولـزوم الجماعة فإن الله لم يكن ليجمع أمة محمد ﷺ على ضلالة”
I advise you to adhere to the piety of Allah and the consensus (Ijma) because Allah Almighty will never gather the Ummah of Muhammad ﷺ upon misguidance.
Imam Muhammad ibn Idris al-Shafi’i (may Allah have mercy on him) mentioned arguments for the authority of consensus in his famous book Al-Risala.
Despite his peculiarities and anomalies, Hafiz Ibn Hazm al-Andalusi declares:
” أن الإجماع من علماء أهل الإسلام حجة و حق مقطوع به في دين الله عز وجل ”
The consensus of the scholars of Ahl al-Islam is authoritative and an absolute truth in the religion of Allah.
The famous trustworthy teacher of Imam Bukhari (may Allah have mercy on him), Imam Abu Ubaid al-Qasim ibn Salam says:
” إلا أن يوجد علمه في كتاب أو سنة أو إجماع ”
Except when its knowledge is found in the Book (Quran) or Sunnah (Hadith) or consensus.
Numerous such references are mentioned in the books of Hadith and others.
The Ahl al-Hadith scholars of the Indian subcontinent also accept consensus as authoritative, for example,
Hafiz Abdullah Ghazipuri (may Allah have mercy on him), a student of Syed Nazir Hussain Dehlawi (may Allah have mercy on him), says:
It should be noted that the fundamental principle of our religion is only to follow the Book and Sunnah. No one should think that Ahl al-Hadith deny the consensus of the Ummah or legal analogy. Because when both are established from the Book and Sunnah, then accepting the Book and Sunnah means accepting them as well.
It is understood that according to Ahl al-Hadith, the legal consensus of the Muslim Ummah is a proof in every era. The permissibility of Ijtihad is proven by many Ahadith, for example, the Prophet Muhammad ﷺ gave knowledge to a group of Sahabah –
((لا يصلين أحد العصر إلا في بني قريظة))
Do not pray the Asr prayer before reaching Banu Qurayzah.
One group of Sahabah (while performing Ijtihad) prayed on the way, and another group prayed only after reaching Banu Qurayzah, but the Prophet Muhammad ﷺ did not reprimand anyone.
It has been understood that in the absence of a clear text (definitive evidence: Quran, Hadith, and consensus) or in case of disagreement in the understanding of the text, Ijtihad is permissible, but this Ijtihad is temporary and provisional; it cannot be given the status of a permanent law.
There are several types of Ijtihad, such as:
➊ Giving preference to the practices of the pious predecessors (Salaf al-Salih)
➋ Choosing the more appropriate option
➌ Qiyas (analogy) (every Qiyas is rejected in comparison to the text)
➍ Considering Masalih Mursalah (public interest), etc.
Some followers of Taqlid claim that the four sources of evidence (Adillah Arba’ah) are four: the Quran, Hadith, consensus, and Ijtihad. However, these people only consider the Ijtihad of their self-made and fabricated Imam as authoritative, and they reject the Ijtihad of all other Imams. For example, the founder of Madrasa Deoband, Muhammad Qasim Nanotvi Sahib, said to an Ahl al-Hadith scholar, Maulana Muhammad Hussain Batalvi (may Allah have mercy on him):
“Secondly, I am a follower of Imam Abu Hanifa, therefore any statement you present in opposition to me must be from the Imam himself. It will not be a valid argument against me if it is written by Al-Shami or stated by the author of Dur al-Mukhtar, as I am not their follower.”
Mahmood Hasan Deobandi Sahib writes: “But except for the Imam and whose statement can be considered binding upon us is beyond reason.”
Ahmad Yar Khan Naeemi Barelvi Sahib writes:
“Because the proofs of the Hanafis are not these narrations; their only proof is the statement of the Imam.”
Naeemi Sahib further writes:
“Now I present a decisive answer. It is this: Our proofs are not these narrations. Our main proof is the statement of the Great Imam Abu Hanifa (may Allah be pleased with him). We present these verses and hadiths to support the issues. The hadiths or verses are proofs for Imam Abu Hanifa (may Allah be pleased with him).”
According to Ahl al-Hadith, such narrow-mindedness and blind imitation are invalid; rather, in matters of Ijtihad, the majority prefer the pious predecessors (Salaf) and consider Ijtihad permissible. A person who does not perform Ijtihad is also not blameworthy. However, we believe in Ijtihad and its permissibility in the absence of clear evidence.
وما علينا إلا البلاغ
(19/ June 2008)
