This excerpt is taken from Sheikh Farooq Rafi's book Qurbani, Aqiqah, and Ashra Zil-Hijjah.
There is much disagreement among the scholars regarding the determination of the days of Qurbani. Below, after presenting the opinions and schools of thought of the scholars along with their evidences, we will indicate the preferred position. There are five schools of thought among the scholars concerning the days of Qurbani.
First School of Thought:
The days of Qurbani are four. Sayyiduna Jubair bin Mut'im (may Allah be pleased with him), Sayyiduna Ibn Abbas (may Allah be pleased with both of them), Ata bin Abi Rabah, Hasan Basri, Umar bin Abdul Aziz, Sulaiman bin Musa Asadi, Makhool, Shafi'i, and Dawood Zahiri (may Allah have mercy on them) are adherents of this school.
Reference: Nail al-Awtar: 132/5. Al-Mughni with Al-Sharh Al-Kabeer, 11/115
Evidences:
① It is narrated from Sayyiduna Jubair bin Mut'im رضي الله عنه that the Prophet صلى الله عليه وسلم said:
كل منى منحر، وكل أيام التشريق ذبح
"Minā is entirely a place of sacrifice and all the days of Tashreeq (11th, 12th, 13th of Dhu al-Hijjah) are days of sacrifice."
Reference: Weak: Sunan Bayhaqi, 295/9, 239/5 - Musnad Ahmad: 4/82.
After narrating this hadith, Imam Bayhaqi writes that this hadith is mursal (disconnected) because the meeting of Sulayman bin Musa al-Umayyah with Sayyiduna Jubair bin Mut'im رضي الله عنه is not established. Also, Imam Bukhari رحمه الله states:
سليمان لم يدرك أحدا من أصحاب النبى صلى الله عليه وسلم
"Sulayman bin Musa al-Umayyah did not meet any companion."
Reference: Al-‘Ilal al-Kabir: 313/1.
② It is narrated from Sayyiduna Jubair bin Mut'im رضي الله عنه that the Prophet صلى الله عليه وسلم said:
وفي كل أيام التشريق ذبح
"All the days of Tashreeq are days of slaughter."
Reference: Weak and disconnected: Sahih Ibn Hibban: 3854 - Sunan Bayhaqi: 296/9, Kashf al-Astar: 1126
There are two reasons for the weakness of this hadith:
① ‘Abdur-Rahman bin Abi Husayn is an unknown narrator.
② The meeting of ‘Abdur-Rahman bin Abi Husayn with ‘Amr bin Dinar is not established, so this chain is also disconnected. After narrating this hadith, Imam Bazzar writes:
ابن أبى حسين لم يلق جبير بن مطعم
"The meeting of ‘Abdur-Rahman bin Abi Husayn with Jubair bin Mut'im رضي الله عنه is not established."
Reference: Al-Bahr al-Zakhar: 3444, Nasb al-Rayah: 21/3.
③ Sayyiduna Jubair bin Mut'im رضي الله عنه states that the Messenger of Allah صلى الله عليه وسلم said:
أيام التشريق كلها ذبح
"All the days of Tashreeq are days of sacrifice."
Reference: Very weak: Sunan Darqutni: 284/4 - Sunan Bayhaqi: 239/5 - 296/9, Tabarani Kabir: 1562. Suwayd bin ‘Abdul-‘Aziz bin Namir Salmi is a weak narrator. Taqreeb al-Tahdhib: 2692
④ It is narrated from Sayyiduna Jubair bin Mut'im رضي الله عنه that the Messenger of Allah صلى الله عليه وسلم said:
كل أيام التشريق ذبح
"All the days of Tashreeq are days of slaughter."
Reference: Very weak: Sunan Darqutni: 284/54 - Sunan Bayhaqi: 296/9 - Ahmad bin ‘Isa Tansi Khashab is an abandoned narrator and the meeting of ‘Amr bin Dinar Makki with Jubair bin Mut'im رضي الله عنه is not established. Al-Mawsu’ah al-Hadithah: 317/27
⑤ It is narrated from Sayyiduna Abu Sa‘id Khudri رضي الله عنه and Sayyiduna Abu Hurairah رضي الله عنه that the Prophet صلى الله عليه وسلم said:
أيام التشريق كلها ذبح
"All the days of Tashreeq are days of slaughter."
Reference: Weak: Sunan Bayhaqi: 296/9 - Mu‘awiyah bin Yahya Sadafi is a weak narrator and Imam Zahri’s tadlis (concealment) is present.
Imam Bayhaqi رحمه الله, after narrating two different narrations from Sayyiduna Abu Sa‘id Khudri رضي الله عنه and Sayyiduna Abu Hurairah رضي الله عنه, whose central narrator is Mu‘awiyah bin Yahya Sadafi, states that both these narrations are not reliable (i.e., weak). Both narrations are narrated only by Mu‘awiyah bin Yahya Sadafi, who is a weak and unreliable narrator.
Reference: Sunan Bayhaqi: 296/9
⑥ Sayyiduna Abdullah bin Abbas رضي الله عنهما states:
الأضحى ثلاثة أيام بعد يوم النحر
"After Yawm al-Nahr (the 10th of Dhu al-Hijjah), sacrifice is for three days."
Reference: Weak: Sunan Bayhaqi: 296/9. Talhah bin ‘Amr bin ‘Uthman Hadrami is an abandoned narrator.
Second Opinion:
The days of sacrifice are three (10th, 11th, and 12th of Dhu al-Hijjah). This view is transmitted from Sayyiduna Umar ibn al-Khattab, Sayyiduna Ali, Sayyiduna Ibn Umar, Sayyiduna Ibn Abbas, Sayyiduna Abu Hurairah, and Sayyiduna Anas, may Allah be pleased with them, and Abu Hanifa, Malik, Sufyan al-Thawri, and Ahmad ibn Hanbal, may Allah have mercy on them, also hold this opinion.
Reference: Al-Mughni with Al-Sharh Al-Kabir: 11/115, Nayl al-Awtar, 5/133
Evidence:
The command of Allah Almighty is:
﴿وَيَذْكُرُوا اسْمَ اللَّهِ فِي أَيَّامٍ مَّعْلُومَاتٍ عَلَىٰ مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ ۖ فَكُلُوا مِنْهَا وَأَطْعِمُوا الْبَائِسَ الْفَقِيرَ ﴾
"And mention the name of Allah over the livestock He has provided for you, and eat thereof and feed the needy who is present."
Reference: Al-Hajj: 28
This verse is a clear text that the specified days are the days of sacrifice, but how many and which days are meant by the specified days is not authentically narrated from the Prophet ﷺ. However, some statements regarding the days of sacrifice have been narrated from the Companions, from which the determination of the specified days (days of sacrifice) is possible.
Sayyiduna Abdullah bin Umar رضي الله عنهما states:
الأيام المعلومات والمعدودات هن جميعهن أربعة أيام، فالأيام المعلومات يوم النحر ويومان بعده، والأيام المعدودات ثلاثة أيام بعد يوم النحر
"The specified days and the counted days are four days in total, so the specified days are the Day of Sacrifice (10th Dhu al-Hijjah) and the two days following it (i.e., the 10th, 11th, and 12th of Dhu al-Hijjah), and the counted days are the three days after the Day of Sacrifice (11th, 12th, 13th of Dhu al-Hijjah)."
Reference: Hasan: Tafsir Ibn Abi Hatim: 14728. Tafsir Ibn Kathir. Muhammad bin Ajlan Madani is a truthful narrator, all other narrators are trustworthy. Hafiz Ibn Kathir, may Allah have mercy on him, after narrating this hadith said, this hadith is Hasan.
Benefits:
This evidence is a clear proof that the days of Ma'loomaat (the days of sacrifice) are three days (10th, 11th, 12th of Dhu al-Hijjah) and the 13th of Dhu al-Hijjah is included in the days of Ma'doodat (the days of Takbeerat), not in the Ma'loomaat (days of sacrifice). This position is supported by the following statements of the Companions, may Allah be pleased with them:
① It is narrated from Sayyiduna Abdullah bin Umar, may Allah be pleased with them both:
الأضحى يومان بعد يوم الأضحى
"The sacrifice is valid until two days after Eid al-Adha."
Reference: Authentic: Muwatta Imam Malik, Book of Sacrifices, Chapter on Sacrifice regarding what is in the womb and mention of the days of sacrifices, Hadith number: 12 - Sunan Bayhaqi: 297/9.
② Sayyiduna Ali bin Abi Talib, may Allah be pleased with him, states:
النحر ثلاثة أيام
"The sacrifice is for three days."
Reference: Good: Ahkam al-Quran by Al-Tahawi: 205/2: 1569
③ Sayyiduna Abdullah bin Abbas, may Allah be pleased with them both, states:
النحر يومان بعد النحر وأفضلها يوم النحر
"After the Day of Nahr, the sacrifice is for two days (meaning the 10th, 11th, and 12th of Dhu al-Hijjah are the days of sacrifice) and the sacrifice on the Day of Nahr (10th Dhu al-Hijjah) is superior."
Reference: Ahkam al-Quran by Al-Tahawi: 205/2, 157
④ Sayyiduna Anas bin Malik, may Allah be pleased with him, states:
الذبح بعد النحر يومان
"The sacrifice is for two days after the Day of Nahr."
Reference: Authentic: Sunan Bayhaqi: 297/9. Ahkam al-Quran by Al-Tahawi: 206/2, 1576.
Also, the tafsir statement attributed to Ibn Abbas, may Allah be pleased with them both, that the days of Ma'loomaat mean the Day of Nahr and the three days after it (i.e., four days of sacrifice) is weak.
Reference: Weak: Tafsir Ibn Abi Hatim: 14727. It contains Tadlees (concealment) by Hukm bin Utbah.
Third School of Thought:
Muhammad bin Sirin, may Allah have mercy on him, says:
لا تجوز إلا فى يوم النحر خاصة، لأنها وظيفة عيد فلا تجوز إلا فى يوم واحد كأداء الفطرة يوم الفطر
"The sacrifice is specifically permissible only on the Day of Nahr because the sacrifice is a special act of Eid al-Adha, so this act is only permissible on one day (the 10th of Dhu al-Hijjah), just as Zakat al-Fitr is specific to the day of Eid al-Fitr."
Reference: Ma‘ al-Sharh al-Kabir: 115/11 - Nayl al-Awtar: 133/5
This is the personal opinion and analogy of Ibn Sirin, and there is no evidence from the Book and Sunnah that supports his position.
Fourth School of Thought:
Saeed bin Jubair and Jabir bin Zaid, may Allah have mercy on them, state that for city dwellers the day of sacrifice is only one day (the 10th of Dhu al-Hijjah), and for those residing in villages, the days of sacrifice are three days (11th, 12th, and 13th of Dhu al-Hijjah).
Reference: Al-Mughni with Al-Sharh al-Kabir: 115/11 - Nayl al-Awtar: 1335. This statement is also without chain of narration and there is no evidence from the Book and Sunnah to support it.
Fifth School of Thought:
Abu Salamah bin Abdul Rahman and Ata bin Yasar state that the time for sacrifice is the entire month of Dhu al-Hijjah.
Reference: Al-Mughni with Al-Sharh al-Kabir: 115/11. Nayl al-Awtar: 133/5
Evidences:
① Abu Salamah and Sulaiman bin Yasar report that they heard a hadith in which the Messenger of Allah, peace be upon him, said:
الضحايا إلى آخر الشهر لمن أراد أن يستأني ذلك
"Whoever wishes to delay the sacrifice, it is permissible for him to sacrifice until the end of Dhu al-Hijjah."
Reference: Weak: Sunan al-Bayhaqi: 297/9 - Darqutni: 275/4. This hadith is weak due to two reasons: ① Yahya bin Abi Kathir's tadlis. ② This narration is mursal.
② Abu Imamah bin Suhail bin Hunayf, may Allah be pleased with him, states:
إن كان المسلمون يشتري أحدهم الأضحية فيسمنها فيذبحها بعد الأضحى آخر ذي الحجة
"Indeed, Muslims used to buy sacrifices and then fatten them, then slaughter the sacrifices after Eid al-Adha until the last of Dhu al-Hijjah."
Reference: Hasan: Sunan al-Bayhaqi: 297/9, 298 - Muhammad bin Ibrahim bin Muslim Saduq is the narrator.
Benefit:
The companions of the Prophet, may Allah be pleased with them, or the followers, who offered sacrifices until the end of Dhu al-Hijjah, it is not explicitly stated whether this practice was common during the life of the Messenger of Allah, peace be upon him, or after his death. Moreover, this practice contradicts the Book of Allah and the traditions of the companions, may Allah be pleased with them; because in the Noble Qur'an, the days of Tashreeq are designated as the days for sacrifice, and it has also become clear from the evidence of the second opinion that the days of Tashreeq are three days (10th, 11th, and 12th of Dhu al-Hijjah). Therefore, the statement of Abu Imamah bin Suhail bin Hunayf, may Allah be pleased with him, is anomalous and rejected due to its contradiction with the Qur'anic verse and the traditions of the companions, may Allah be pleased with them.
Preferred Opinion:
The opinion that advocates sacrifice for three days is the preferred and reasonable one, and the evidence of the second opinion has established the truth of this view.
