This excerpt is taken from Sheikh Farooq Rafi Sahib's book Qurbani, Aqiqah, and Ashra Zil-Hijjah.
It is not permissible to include the deceased in the sacrifice, because the hadith from Sahih Muslim that is used to justify including the deceased in the sacrifice is not a valid argument. Below is the hadith of Aisha (may Allah be pleased with her) and the reasoning derived from it.
Sayyida Aisha Siddiqah (may Allah be pleased with her) narrates:
أن رسول الله صلى الله عليه وسلم أمر بكبش أقرن، يطأ فى سواد، ويبرك فى سواد، وينظر فى سواد، فأتي به ليضحي به قال لعائشة: هلمي المدية، ثم قال: اشحذيها بحجر، ففعلت، ثم أخذها، وأخذ الكبش فأضجعه، ثم ذبحه، ثم قال: باسم الله، اللهم! تقبل من محمد و آل محمد و من أمة محمد، ثم ضحی به
"The Messenger of Allah (peace be upon him) ordered a ram with horns that walked in blackness (meaning its legs and feet were black), sat in blackness (its belly was black), and looked in blackness (its eyes were black). Then the ram with these characteristics was brought for slaughter, and the Prophet (peace be upon him) said to Aisha (may Allah be pleased with her): 'Bring the knife.' Afterwards, the Prophet (peace be upon him) said, 'Sharpen it on a stone.' She complied with this order. Then the Prophet (peace be upon him) took the knife, held the ram down, and began to slaughter it while saying: باسم الله، اللهم! تقبل من محمد و آل محمد و من أمة محمد 'In the name of Allah, O Allah! Accept it on behalf of Muhammad (peace be upon him), the family of Muhammad, and the nation of Muhammad (peace be upon him).' Then he slaughtered it."
Reference: Sahih Muslim, Book of Sacrifices, Chapter on the Recommendation of Sacrifice 1967. Sunan Abi Dawood, Book of Sacrifices, Chapter on What is Recommended Regarding Sacrifices: 2792.
From this hadith, it is argued that the Prophet (peace be upon him) included the nation of Muhammad (peace be upon him) in the sacrifice, and among the nation of Muhammad (peace be upon him) were many deceased who had passed away before him. Therefore, it is permissible to include the deceased in the sacrifice. This argument is completely false and baseless, because the words of the hadith do not mention including the nation of Muhammad (peace be upon him) in the sacrifice. The hadith only states that the Prophet (peace be upon him) prayed for the acceptance of the sacrifice on behalf of Muhammad (peace be upon him), the family of Muhammad, and the nation of Muhammad (peace be upon him); he did not include them in the sacrifice.
The Fatwa of Sheikh Hafiz Abdul Mannan Noorpuri, may Allah have mercy on him:
"The living (people) mentioned in the authentic hadith of Sahih Muslim are meant, then the words of Sahih Muslim are:
و أخذ الكبش، فأضجعه، ثم ذبحه، ثم قال: بسم الله، اللهم! تقبل من محمد، و آل محمد و من أمة محمد
It does not mean that the Prophet ﷺ sacrificed on behalf of his family, household, and the Ummah of Muhammad; rather, after the slaughter, there is a supplication for acceptance on behalf of himself, the family of Muhammad, and the Ummah of Muhammad ﷺ."
Reference: Ahkaam wa Masaail by Hafiz Abdul Mannan Noorpoori 444/1-445.
Then the hadiths used as evidence that it is permissible to include the deceased in the sacrifice are weak.
① Sayyida Aisha (RA) and Sayyiduna Abu Huraira (RA) narrate:
أن رسول الله صلى الله عليه وسلم ضحى بكبشين سمينين أملحين أقرنين موجوءين فذبح أحدهما فقال: اللهم عن محمد وأمته من شهد لك بالتوحيد و شهد لي البلاغ
"Indeed, the Messenger of Allah ﷺ slaughtered two fat, fresh, horned, two castrated rams, and when he slaughtered one, he said these words: O Allah! (This sacrifice) is on behalf of Muhammad ﷺ and those of his Ummah who have testified to Your Oneness and are witnesses to my message."
Reference: Weak: Mustadrak Hakim 227/4-228. Sunan Bayhaqi 287/9. Sunan Ibn Majah, Chapters of Sacrifices, Chapter of the Sacrifices of the Messenger of Allah ﷺ: 3122. Abdullah bin Muhammad bin Aqeel bin Abi Talib, a Hashemi weak narrator, see Tahrir Taqreeb al-Tahdheeb.
② Sayyiduna Jabir bin Abdullah (RA) narrates:
أتي بكبشين أقرنين أملحين عظيمين موجوءين، فأضجع أحدهما و قال: بسم الله و الله أكبر، اللهم عن محمد و آل محمد، ثم أضجع الآخر فقال: بسم الله و الله أكبر عن محمد و أمته، من شهد لك بالتوحيد و شهد لي البلاغ
"Certainly, two fresh, horned, fat, castrated rams were brought to the Messenger of Allah ﷺ, and he laid one down and while slaughtering it said: In the name of Allah and Allah is the Greatest, O Allah! (This sacrifice) is on behalf of Muhammad ﷺ and the family of Muhammad ﷺ. Then he laid down the second ram and while slaughtering it said: In the name of Allah, Allah is the Greatest, O Allah! (This sacrifice) is on behalf of Muhammad ﷺ and those of his Ummah who have testified to Your Oneness and witnessed my message."
Reference: Weak: Musnad Abi Ya'la 1792. Sunan Bayhaqi 268/9. Abdullah bin Muhammad bin Aqeel bin Abi Talib is a weak Hashemi narrator.
③ Sayyiduna Abu Rafi' (RA) narrates:
أن رسول الله صلى الله عليه وسلم كان إذا ضحى اشترى كبشين سمينين أقرنين أملحين فإذا صلى و خطب الناس، أتي بأحدهما وهو قائم فى مصلاه، فذبحه بنفسه بالمدية، ثم يقول: اللهم! إن هذا عن أمتي جميعا ممن شهد لك بالتوحيد و شهد لي بالبلاغ، ثم يؤتى بالآخر فيذبحه بنفسه و يقول: هذا عن محمد و آل محمد فيطعمهما جميعا المساكين، ويأكل هو و أهله منهما
"Indeed, when the Messenger of Allah ﷺ intended to sacrifice, he would buy two fat, fresh, horned, castrated rams. Then when the Prophet ﷺ prayed (Eid prayer) and delivered the sermon, one ram was brought while he was standing in his place of prayer, and he himself slaughtered it with a knife and said these words: O Allah! This (sacrifice) is on behalf of all those of my Ummah who have testified to Your Oneness and witnessed my message. Then the second ram was brought, and he himself slaughtered it and said: This is on behalf of Muhammad ﷺ and the family of Muhammad. Then the Prophet ﷺ would feed the meat of both animals to the poor, eat some himself, and his household would also eat from it."
Reference: Weak: Musnad Ahmad 391/6. Tabarani Kabir 915. Sunan Bayhaqi 259/9. Abdullah bin Muhammad bin Aqeel is a weak narrator.
All such general narrations from which the deceased are included in the sacrifice are weak. Also, in the above-mentioned narration of Sahih Muslim, the transmitted words are: (بسم الله، اللهم! تقبل من محمد و آل محمد و من أمة محمد) "In the name of Allah, O Allah! Accept on behalf of Muhammad ﷺ, the family of Muhammad, and the Ummah of Muhammad ﷺ."
Reference: Sahih Muslim: 1967.
And in Sunan Abi Dawood, the words narrated from the Prophet ﷺ at the time of slaughtering the ram are: (اللهم منك و لك عن محمد و أمته باسم الله و الله أكبر) "O Allah! (These sacrifices) are Your gift and on behalf of Muhammad ﷺ and his Ummah for You, in the name of Allah and He is the Greatest."
Reference: Hasan: Sunan Abi Dawood, Book of Sacrifices, Chapter on Recommended Sacrifices: 2795. Sunan Ibn Majah, Chapters of Sacrifices, Chapter of the Sacrifices of the Messenger of Allah ﷺ 3121. Musnad Ahmad 375/3. Sahih Ibn Khuzaymah 2899. Mustadrak Hakim 1669. Sahih Ibn Khuzaymah, Musnad Ahmad, and Mustadrak Hakim include the specification of Muhammad bin Ishaq’s hearing, therefore this hadith is of Hasan grade.
To argue from these narrations that since the Prophet ﷺ included the Ummah in the sacrifice and some of his Ummah had passed away during his lifetime, therefore it is permissible to include the deceased in the sacrifice, this argument is invalid for several reasons.
① This is a general narration, and the well-known principle of Usul al-Fiqh is that when both restricted and general narrations exist on the same issue, the general is to be interpreted in light of the restricted. Thus, the narration transmitted under the next heading is restricted and it establishes that the Prophet ﷺ included those living individuals in the sacrifice who did not have the capacity for sacrifice.
② Sacrificing on behalf of such living members of the Ummah who do not have the ability to sacrifice is a special privilege of the Prophet ﷺ; no ordinary member of the Ummah has permission for this. Therefore, the deceased cannot be included in the sacrifice without proof.
