This excerpt is taken from Sheikh Farooq Rafi Sahib's book Qurbani, Aqiqa, and Ashra Zil-Hijjah.
In the above discussion, we have explained in detail that according to the Book and Sunnah and the statements of jurists and commentators, only four types of cattle (camel, cow, and sheep/goat) are permissible for sacrifice; sacrificing any other animal is not lawful. However, according to the Hanafis, sacrificing a buffalo is permissible, and their justification is not derived from any verse or hadith, but the evidence for the permissibility of sacrificing a buffalo is this phrase from Hidayah Sharif:
ويدخل فى البقر الجاموس لأنه من جنسه
"And the buffalo is included in the ruling of the cow, because the buffalo is of the species of the cow." But this reasoning is invalid for several reasons.
① The phrase of the author of Hidayah itself is evidence that the species of buffalo and cow are different, because something that is included in another species by ruling (hukm), its species is certainly different from that thing.
② The statements of the Hanafis themselves testify that the buffalo is not of the species of the cow, rather the species of buffalo and cow are different, the evidences are as follows:
① It is mentioned in the renowned Hanafi jurisprudence book Dar al-Mukhtar:
ولا يعم البقر الجاموس
"The cow is not a general term including the buffalo (i.e., the buffalo is not included in the species of the cow)."
Reference: Dar al-Mukhtar 80/4
The author of Hashiyah Rad al-Mukhtar writes in the explanation of this phrase:
ولا يعم البقر الجاموس
"The cow does not include the buffalo."
أى فلو حلف لا يأكل لحم بقر ولا يحنت بأكل الجاموس کعكسه لأن الناس يفرقون بينهما، قيل يحنت لأن البقر أعم، و الصحيح الأول كما فى النهر عن التاتار خانية
"Meaning, if a person swears that he will not eat cow meat, then eating buffalo meat will not break his oath; similarly, if he swears not to eat buffalo meat, then eating cow meat will not break his oath, because people differentiate between the species of cow and buffalo."
There is a (weak) opinion that this act will break the oath because the cow is general and includes the buffalo, but the first opinion is preferred, as quoted in ”النهر “ from the fatwa of Tatar Khaniyah.
Reference: Hashiyah Rad al-Mukhtar: 80/4
② It is narrated in the famous commentary of Hidayah, Fath al-Qadeer:
والبقر لا يتناول الجاموس للعرف
"In common usage, the buffalo is not included in the species of the cow."
Reference: Fath al-Qadeer 276/11
When the Hanafis themselves do not accept the buffalo as of the species of the cow, then how can such a different species of cattle be included among those cattle whose sacrifice is clearly stated in the Book and Sunnah.
Fatwa of Hafiz Abdul Mannan Noorpuri, may Allah have mercy on him:
Question: Is the sacrifice of a buffalo permissible or not? Please clarify with evidence from the Quran and Sunnah in both cases.
Answer: Those who believe in the permissibility of sacrificing a buffalo base their argument solely on the fact that the word "Baqar" (cattle) includes it, or they analogize it to cattle. It is known that the sacrifice of a cow is established through the sayings, actions, and approvals of the Prophet Muhammad, peace be upon him. Therefore, the sacrifice should be of a cow, which is proven through all three methods from the Prophet Muhammad, peace be upon him. And Allah knows best.
Reference: Ahkam wa Masail by Abdul Mannan Noorpuri: 440/1
Fatwa of Mufti Mubashir Ahmad Rabbani, may Allah preserve him:
Fazilat al-Sheikh Mubashir Ahmad Rabbani Hafizahullah states:
"The Imams of Islam differ regarding whether the buffalo (bhains) is of the cattle species or not. The precautionary and preferred position is that the sacrifice of a buffalo should not be performed. Rather, the Sunnah sacrifice should be done with a camel, cow, sheep, or goat. When these animals are available, one should avoid doubtful matters and it is better and more appropriate to refrain from other debates and discussions."
Reference: Ahkam wa Masail by Mubashir Ahmad Rabbani p: 511
