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Shari'ah Ruling on Unequal Shares in Collective Qurbani

Ruling on Distribution of Money and Meat in Collective Sacrifice of a Cow


📚 Source: Fatāwā Muḥammadiyyah, Vol. 1, Page 612
✍ Question Presented to: Mawlānā Muftī ʿUbaydullāh ʿAfīf (may Allah pardon him)


❖ Question:


In our locality, a collective arrangement for Qurbani (sacrifice) was made. However, certain issues arose which are detailed below:


◈ One cow was purchased for 7000 rupees.
◈ Another cow was purchased for 14,000 rupees.
◈ An advance of 1500 rupees per share was collected from each participant, with the condition that any excess or shortfall would be adjusted later.


Detailed Breakdown:


🐄 Cow No. 1
◈ Total Price: 7000 rupees
◈ Advance per share: 1500 rupees
◈ Actual share price: 1000 rupees
◈ Refundable per share: 500 rupees


🐄 Cow No. 2
◈ Total Price: 14,000 rupees
◈ Advance per share: 1500 rupees
◈ Actual share price: 2000 rupees
◈ Payable per share: 500 rupees


Outcome:


◈ Participants of Cow No. 1 overpaid by 500 rupees per share — which was supposed to be refunded.
◈ Participants of Cow No. 2 underpaid by 500 rupees per share — which was due to be collected.
◈ However, this adjustment was not made; rather, meat from both cows was equally distributed among all participants.


❓ Questions:


① Is the Qurbani valid in this situation according to Shari'ah?
② Does this situation amount to the sale and purchase of Qurbani meat?


Answer:


الحمد لله، والصلاة والسلام على رسول الله، أما بعد:


Definition of Udhiyah (Qurbani):

Udhiyah refers to the sacrificial animal, and it is defined as:


(الاضحية والضحية اسم لما يذبح من الابل والبقر والغنم يوم النحر وأيام التشريق تقربا إلى الله)
"Udhiyah refers to the camel, cow, or goat that is slaughtered on the day of Eid al-Adha and the Days of Tashriq (11th, 12th, and 13th of Dhul-Hijjah) as an act of nearness to Allah."


❌ Prohibition of Selling Qurbani Meat


It is from the etiquettes of Qurbani that neither its meat nor its skin may be sold. Clear prohibition has been reported in the Hadith:


① Narration of Sayyidunā ʿAlī رضي الله عنه:


(أَنَّ نَبِىَّ اللَّهِ -صلى الله عليه وسلم- أَمَرَهُ أَنْ يَقُومَ عَلَى بُدْنِهِ وَأَمَرَهُ أَنْ يَقْسِمَ بُدْنَهُ كُلَّهَا لُحُومَهَا وَجُلُودَهَا وَجِلاَلَهَا فِى الْمَسَاكِينِ وَلاَ يُعْطِىَ فِى جِزَارَتِهَا مِنْهَا شَيْئًا)

📗 Ṣaḥīḥ Muslim


The Prophet ﷺ instructed ʿAlī رضي الله عنه to oversee his sacrificial camels and to distribute all of their meat, skins, and coverings among the poor, and not to give the butcher any part of it as wages.



② Narration of Sayyidunā Abū Saʿīd رضي الله عنه:


(عن ابی سَعِيدٍ………انی أُحِلُّهُ لَكُمْ فَكُلُوا وَتَصَدَّقُوا)

📗 Ṣaḥīḥ al-Bukhārī


The Messenger of Allah ﷺ said: “I have made the meat of Qurbani permissible for you — so eat from it and give in charity — but do not sell it.”



⚖ Clarification of the Issue


➊ Participants of Cow No. 1:


◈ Their sacrifice is valid, as they paid the actual cost of their shares.
◈ However, they overpaid 500 rupees per person, which must be refunded.
◈ Since they ended up receiving meat from Cow No. 2 in exchange for that excess payment, this makes it resemble a transaction involving sale/purchase of meat, which is prohibited.
◈ Despite this error, the validity of their Qurbani is not affected.


➋ Participants of Cow No. 2:


◈ Their sacrifice is not valid according to Sharīʿah.
◈ Reason: Their actual share cost was 2000 rupees, but they only paid 1500 rupees.
◈ Until the remaining 500 rupees per person is paid, their Qurbani remains suspended.
◈ Moreover, they took meat from Cow No. 1 without compensating, which equates to a sale transaction, and this is a major sin.


✅ Summary of Ruling:


◈ Sacrifice of Cow No. 1 participants is valid, but excess amount taken must be returned, and meat exchange is impermissible.
◈ Sacrifice of Cow No. 2 participants is not yet valid until the pending amount is paid.
◈ Such distribution and exchange of meat is impermissible, and repentance is necessary.


ھٰذا ما عندي، والله أعلم بالصواب
 
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