This excerpt is taken from Sheikh Farooq Rafi Sahib's book Qurbani, Aqiqah, and Ashra Zil-Hijjah.
There is a difference of opinion among scholars whether Qurbani is obligatory or a confirmed Sunnah. In the following lines, we will present the arguments of each group and identify the prevailing issue.
Qurbani as a Confirmed Sunnah:
The consensus of scholars is that sacrifice (Qurbani) is a confirmed Sunnah. The evidences for sacrifice being a confirmed Sunnah are the following Ahadith and narrations:
① It is narrated from Sayyiduna Bara' bin Azib (RA) that the Prophet Muhammad (PBUH) said:
إن أول ما نبدأ به فى يومنا هذا أن نصلي، ثم نرجع فننحر، من فعله فقد أصاب سنتنا، ومن ذبح قبل فإنما هو لحم قدمه لأهله، ليس من النسك فى شيء
"Indeed, the first act we will begin with on this day (Eid al-Adha) is to perform the prayer, then we will return and offer the sacrifice. Whoever does this, verily he has followed our Sunnah, and whoever sacrifices before the Eid prayer, it is merely meat that he has hastened to present to his family; it is not a sacrifice."
Reference: Bukhari, Book of Sacrifices, Chapter: The Sunnah of Sacrifice: 5545 - Sahih Muslim, Sahih Bukhari, Book of Sacrifices, Chapter: Its Time: 1961.
② Sayyiduna Anas bin Malik (RA) narrated that the Messenger of Allah (PBUH) said:
من ذبح قبل الصلاة فإنما ذبح لنفسه، ومن ذبح بعد الصلاة فقد تم نسكه، وأصاب سنة المسلمين
"Whoever sacrifices before the prayer, he has sacrificed for himself only, and whoever sacrifices after the Eid prayer, then indeed his sacrifice is complete and he has followed the Sunnah of the Muslims."
Reference: Sahih Bukhari, Book of Sacrifices, Chapter: The Sunnah of Sacrifice: 5546.
In these Ahadith, the words "فقد أصاب سنتنا" and "أصاب سنة المسلمين" are evidence that sacrifice is a confirmed Sunnah, not obligatory.
③ It is narrated from Sayyida Umm Salamah (RA) that the Prophet (PBUH) said:
إذا رأيتم هلال ذي الحجة، وأراد أحدكم أن يضحي، فليمسك عن شعره وأظفاره
"When you see the moon of Dhu al-Hijjah and any of you intends to offer a sacrifice, let him refrain from cutting his hair and nails."
Reference: Sahih Muslim, Book of Sacrifices, Chapter: Prohibition of cutting hair and nails after the beginning of Dhu al-Hijjah when intending to sacrifice: 1977 - Sunan Bayhaqi: 266/9 - Sahih Ibn Hibban: 5916.
Benefits:
① Syed Sabiq: "The words of the Prophet Muhammad ﷺ: 'أراد أن يضحي' (whoever intends to offer a sacrifice) are evidence that sacrifice is Sunnah, not obligatory."
Reference: Fiqh al-Sunnah: 33/2.
② Shawkani: "The fact that sacrifice is dependent on intention indicates that sacrifice is not obligatory."
Reference: Nail al-Awtar: 118/5.
③ Ibn Qudamah: "The ruling of sacrifice is related to intention, whereas an obligation is not dependent on intention; therefore, sacrifice is Sunnah."
Reference: Al-Mughni by Ibn Qudamah with Al-Sharh al-Kabir: 95/11.
④ Our master Anas رضي الله عنه narrates:
ضحى النبى صلى الله عليه وسلم بكبشين أملحين أقرنين، ذبحهما بيده، وسمى وكبر، ووضع رجله على صفاحهما
"The Noble Prophet ﷺ slaughtered two very attractive rams with horns, one white and one black, for sacrifice. He ﷺ slaughtered both with his own hand, and while slaughtering said 'بسم الله والله أكبر' and placed his foot on their sides."
Reference: Sahih Bukhari, Book of Sacrifices, Chapter: Saying Takbir at Slaughter: 5565 - Sahih Muslim, Book of Sacrifices, Chapter: Recommendation of Goodness in Sacrifice: 1966 -
This hadith is evidence that sacrifice is Sunnah, not obligatory, because the maximum that can be established from the action of the Prophet ﷺ is the Sunnah of this act, and the continuous practice of the Prophet ﷺ is a confirmed Sunnah.
Reference: Fiqh al-Sunnah: 33/2 -
The Practice of Sayyiduna Abu Bakr and Sayyiduna Umar (May Allah be pleased with them):
Abu Sarihah Ghafari, may Allah have mercy on him, narrates from Hudhayfah bin Asid, may Allah be pleased with him:
أدركت أبا بكر أو رأيت أبا بكر وعمر رضي الله عنهما كان لايضحيان كراهية أن يقتدى بھما
"I saw Sayyiduna Abu Bakr and Umar (may Allah be pleased with them) refraining from offering sacrifice due to their dislike that people should follow them in this matter."
Reference: Sahih: Sunan Bayhaqi: 265/9 - Irwa al-Ghalil: 1139 -
Benefit:
The fact that Sayyiduna Abu Bakr and Umar (may Allah be pleased with them) did not offer sacrifice is evidence that sacrifice is Sunnah, because if sacrifice were obligatory, the two Caliphs would never have abandoned this act, nor would they have created the impression among people that it is not obligatory.
A Statement of a Weak Effect:
The narration attributed to Abu Masood Ansari, may Allah be pleased with him, which indicates the non-obligation of sacrifice, is weak. It is narrated from Abu Wa'il, may Allah have mercy on him, that Sayyiduna Abu Masood, may Allah be pleased with him, said:
إنى لأدع الأضحى و إنى لموسر، مخافة أن يرى جيراني أنه حتم على
"I refrain from sacrifice despite being well-off, out of fear that my neighbors might think that sacrifice is obligatory upon me."
Reference: Weak: Sunan Bayhaqi: 265/9 - Musannaf Abdul Razzaq: 8149.
In this chain, there is tadlees (concealment) by Sufyan Thawri and Sulaiman bin Mihran A'mash.
Scholars' Opinions and Views:
① Abu Isa Imam Tirmidhi, may Allah have mercy on him, states:
والعمل على هذا عند أهل العلم أن الأضحية ليست بواجبة، ولكنها سنة من سنن النبى صلى الله عليه وسلم يستحب أن يعمل بها، وهو قول سفيان الثوري وابن المبارك
“The scholars adhere to the position that sacrifice (Qurbani) is not obligatory, rather it is one of the Sunnahs of the Prophet ﷺ, which is recommended to be practiced. This is also the opinion of Sufyan al-Thawri and Abdullah ibn Mubarak.”
Reference: Jami' Tirmidhi, under Hadith: 1506 -
② Imam Bukhari, may Allah have mercy on him, established a chapter in Sahih al-Bukhari titled: “باب سنة الأضحية” “The chapter on the Sunnah of sacrifice.” By establishing this chapter, he indicated the Sunnah status of sacrifice. Hafiz Ibn Hajar, may Allah have mercy on him, states that Imam Bukhari, by establishing this chapter, pointed towards opposition to those who claim the obligation of sacrifice.
③ Ibn Hazm, may Allah have mercy on him, says:
“The obligation of sacrifice is not proven with an authentic chain from any companion, while the consensus of scholars is that sacrifice is not obligatory. However, sacrifice is among the Shariah rulings, and there is no disagreement among scholars on this issue. According to the Shafi'is and the majority of scholars, sacrifice is a confirmed Sunnah, and one interpretation is that the Shafi'is consider it a communal obligation (Fard Kifayah).”
④ It is narrated from Abu Hanifa, may Allah have mercy on him, that sacrifice is obligatory on a wealthy resident, and Malik, may Allah have mercy on him, also holds this position, but he did not restrict it to residents only. The same opinion is narrated from Awza'i, Rabi'ah, and Layth. Then Abu Yusuf from the Hanafi school opposed Abu Hanifa’s view, and Ashhab al-Maliki opposed Imam Malik’s view and agreed with the majority of scholars.
⑤ Imam Ahmad, may Allah have mercy on him, says:
“Not performing sacrifice despite ability and comfort is disliked, and there is also a narration that the obligation of sacrifice is reported from them. Muhammad ibn Hasan al-Shaybani states: Sacrifice is a Sunnah that one is not permitted to abandon.”
⑥ Tahawi says: We adopt the same opinion (of Muhammad ibn Hasan al-Shaybani) as our doctrine, and there is no proof for the obligation of sacrifice.
Reference: Fath al-Bari: 6/10 -
⑦ Imam Nawawi, may Allah have mercy on him, writes:
“There is a difference of opinion among scholars regarding the obligation of sacrifice on a wealthy person, and the majority of scholars say that performing sacrifice for a person of means is Sunnah, and if such a person does not perform sacrifice without any excuse, he is neither sinful nor required to make up for it. Our masters Abu Bakr Siddiq, Umar ibn al-Khattab, Bilal, Abu Mas’ud al-Ansari, and Sa’id ibn Musayyib, Ata, Malik, Ahmad, Abu Yusuf, Ishaq, Abu Thawr, and Ibn Mundhir, may Allah have mercy on them, also hold this position.”
Reference: Sharh al-Nawawi: 13/109 - Al-Mughni by Ibn Qudamah with Al-Sharh al-Kabir: 95/11 -
⑧ Shawkani, may Allah have mercy on him, writes: The doctrine of the majority of scholars is that sacrifice is Sunnah, not obligatory.
Reference: Nail al-Awtar: 117/5 -
⑨ Sayyid Sabiq: “Sacrifice is a confirmed Sunnah, and not performing sacrifice despite ability is a disliked act.”
Reference: Fiqh al-Sunnah: 33/2 -
Fatwa of the Saudi Fatwa Committee:
"It is a confirmed Sunnah for the one who is capable to perform sacrifice. The evidence for this is the hadith narrated from Sayyidina Anas (may Allah be pleased with him) that the Prophet (peace be upon him) sacrificed two rams, one white and one black with horns."
Reference: Bukhari: 5565 - Muslim: 1966 - Permanent Committee for Scholarly Research and Ifta: 413/9 -
Preferred Position:
The above-mentioned hadiths and narrations, the opinion of the majority of scholars, and the statements of the muhaddithin prove that sacrifice is a confirmed Sunnah, not obligatory.
