This excerpt is taken from Sheikh Zubair Ali Zai Rahimahullah's Book on the Rules and Issues of Qurbani.
Question:
If a person buys an animal for sacrifice, and after purchasing the animal a defect develops in it, for example, its leg breaks or it becomes one-eyed, then what should be done in such a case? Should a new animal be bought or should the same animal be sacrificed? Please provide an 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 write a detailed answer.
Reference: (Khurram Arshad Muhammadi Gujrat)
Answer:
It is absolutely correct that the sacrifice of a one-eyed or lame animal is not permissible.
❀ The Holy Prophet Muhammad (peace be upon him) said:
أربع لا تجوز فى الأضاحي: العوراء بين عورها، والمريضة بين مرضها والعرجاء بين عرجها والكسير التى لا تنقي.
The sacrifice of four types of animals is not permissible: clearly one-eyed, clearly sick, clearly lame, and so weak that there is no flesh on its bones.
Reference: (Sunan Abi Dawood: 2802, authentic chain; authenticated by Tirmidhi: 1397, Ibn Khuzaymah: 2912, Ibn Hibban: 1046, 1047, Ibn al-Jarood: 481, 907, Al-Yakoomi: 467, 468, and agreed by Al-Dhahabi)
This applies when the animal is purchased for sacrifice.
If a healthy animal free from these defects is purchased for sacrifice and later develops any defect, then Sayyiduna Abdullah bin Al-Zubair (may Allah be pleased with them both) states:
إن كان أصابها بعد ما اشتريتموها فأمضوها و إن كان أصابها قبل أن تشتروها فأبدلوها
If this defect occurred after you purchased it, then sacrifice it; but if the defect was present before you purchased it, then exchange it, meaning sacrifice another animal.
Reference: (Sunan al-Kubra by Al-Bayhaqi, vol. 1, p. 289, authentic chain)
The famous trustworthy Imam and venerable Tabi'i Imam Ibn Shihab al-Zuhri (may Allah have mercy on him) said:
إذا اشترى الرجل أضحية فمرضت عنده أو عرض لها مرض فهى جائزة
If a person buys an animal for sacrifice and it becomes sick while in his possession, then its sacrifice is permissible.
Reference: (Musannaf Abd al-Razzaq 386/3, hadith 8161, authentic chain; another version 8192)
In summary, in the case of necessity, the sacrifice of the animal is permissible. Alhamdulillah, Ahl al-Hadith believe in the consensus (Ijma') of the Ummah as proof and accept the permissibility of Ijtihad (independent reasoning). The Holy Prophet (peace be upon him) said:
لا يجمع الله أمتي على ضلالة أبدا ويد الله على الجماعة
Allah will never gather my Ummah upon error, and the hand of Allah is over the Jama'ah (consensus).
Reference: (Al-Mustadrak by Al-Hakim, vol. 1, p. 116, hadith 299, authentic chain)
Al-Hakim an-Nishapuri used this hadith as evidence for the authority of consensus.
Sayyiduna Umar (may Allah be pleased with him) wrote to Qadi Shurayh (may Allah have mercy on him) that if something is not found in the Book of Allah and the Sunnah of the Messenger of Allah (peace be upon him), then look at what the people have consensus upon and accept that.
Reference: (Musannaf Ibn Abi Shaybah vol. 7, p. 240, hadith 2980, authentic chain; Al-Khamarah by Ad-Diya al-Maqdisi 1/238, 1346; Sunan ad-Darimi: 169; Monthly Al-Hadith Hazro: 27 p. 48)
❀ Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said:
”ما رأى المسلمون حسنا فهو عند الله حسن وما رآه المسلمون سيئا فهو عند الله سيئا“
Whatever all Muslims consider good is good in the sight of Allah, and whatever all Muslims consider bad is bad in the sight of Allah.
Reference: (Al-Mustadrak by Al-Hakim 376/3, hadith 4465, chain is Hasan and authenticated by Al-Hakim and agreed by Al-Dhahabi)
Sayyiduna Abu Mas'ud Uqbah bin Amir Ansari (may Allah be pleased with him) said: "I advise you to fear Allah and adhere to the Jama'ah (consensus), for Allah would never gather the Ummah of Muhammad (peace be upon him) upon misguidance."
Reference: (Al-Fuqaha wal-Muttafiqah by Al-Khatib 167/1, authentic chain)
Imam Muhammad bin Idris ash-Shafi'i (may Allah have mercy on him) mentioned proofs for the authority of consensus in his famous book Ar-Risalah. See
Reference: (pp. 471-476, paragraphs 1309 to 1320)
Despite his peculiarities and anomalies, Hafiz Ibn Hazm Andalusi declared:
”أن الإجماع من علماء أهل الإسلام حجة و حق مقطوع به فى دين الله عز وجل“
The consensus of the scholars of Ahl al-Islam is proof and an absolute truth in the religion of Allah.
Reference: (Al-Ahkam fi Usool al-Ahkam, vol. 1, part 4, p. 525)
The famous trustworthy teacher of Imam Bukhari, Imam Abu Ubaid al-Qasim bin Salam, said:
”إلا أن يوجد علمه فى كتاب أو سنة أو إجماع“
Except when knowledge is found in the Book (Quran), Sunnah (Hadith), or consensus.
Reference: (Kitab at-Tahur by Imam Abu Ubaid, p. 124 before hadith 335)
Numerous such references are mentioned in hadith books and others. The Ahl al-Hadith scholars of the Indian subcontinent also accept consensus as proof. For example, Hafiz Abdullah Ghazipuri (may Allah have mercy on him), a student of Sayyid Nazir Hussain Dehlawi (may Allah have mercy on him), said:
It should be clear that the fundamental principle of our religion is only following the Book and Sunnah. No one should think that Ahl al-Hadith reject the consensus of the Ummah or legal analogy (Qiyas). Because when these two are established from the Book and Sunnah, then accepting the Book and Sunnah means accepting them.
Reference: (Ibraa' Ahl al-Hadith wal-Quran, chapter on the principles and beliefs of Ahl al-Hadith, p. 32)
It is understood that according to Ahl al-Hadith, the legal consensus of the Muslim Ummah is proof in every era.
The permissibility of Ijtihad is established from several hadiths. For example, the Holy Prophet (peace be upon him) commanded a group of companions:
لا يصلين أحد العصر إلا فى بني قريظة
No one should pray Asr before reaching Banu Qurayzah.
A group of companions prayed on the way (while exercising ijtihad), and another group prayed after reaching Banu Qurayzah. The Holy Prophet (peace be upon him) did not blame anyone.
Reference: (Sahih Bukhari: 946, Sahih Muslim: 1770)
It is understood that in the absence of a clear text (Quran, Hadith, or consensus) or in case of disagreement in understanding the text, ijtihad is permissible, but this ijtihad is temporary and cannot be considered 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 knowledgeable or capable
➌ Qiyas (analogy) (every qiyas against a clear text is rejected)
➍ Considering public interest (Masalih Mursalah), etc.
Some followers claim that the four sources of evidence are Quran, Hadith, consensus, and ijtihad, but they only accept the ijtihad of their self-made and fabricated Imam as proof and reject the ijtihad of all other Imams. For example, Muhammad Qasim Nanotvi, founder of Darul Uloom Deoband, 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, so any statement you present against me must be from an Imam. It will not be proof on me if a Syrian wrote this or the author of Durr al-Mukhtar said that; I am not their follower."
Reference: (Sawanih Qasmi vol. 2, p. 22)
Mahmood Hasan Deobandi wrote: "But it is far from reason to establish proof on us except from an Imam or someone's statement."
Reference: (Idhah al-Adillah, p. 276, line 2019)
❀ Ahmad Yar Khan Naeemi Barelvi wrote:
Because the Hanafis' proofs are not these narrations; their proof is only the statement of the Imam.
Reference: (Jaa al-Haqq, part 2, p. 9)
Naeemi Sahib further wrote: "Now I present a decisive answer. It is that our proofs are not these narrations. Our main proof is the statement of Imam Azam 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's statements."
Reference: (Jaa al-Haqq, part 2, p. 91)
According to Ahl al-Hadith, such narrow-mindedness and blind following is false. Rather, in matters of ijtihad, giving preference to the practices of the pious predecessors is permissible, and a person who does not perform ijtihad is not blameworthy. However, we believe in ijtihad and its permissibility in the absence of clear evidence.
Reference: For further explanation of this issue, see the same book (pp. 102-103) [Mu'adh]
وما علينا إلا البلاغ
Reference: (19 June 2008)
[Fatawa Ilmiyyah 653/2]
[Fatawa Ilmiyyah 653/2]
