Question (Q-108)
What do the scholars of the Religion and the Muftīs of the Sharīʿah state in relation to the following matter:
Zayd resides in Britain or another country and he wants his qurbānī (sacrifice) to be done in India, Pakistan or another country. He appointed Bakr as his representative over there. However ʿĪd had taken place in the country of the representative one day prior to ʿĪd in the country of Zayd. The representative has carried out the qurbānī of Zayd on the day that it is ʿĪd in the country of the representative. Another scenario is where ʿĪd is taking place on the same day in the country of the representative and the country of the person appointing the representative but the Ṣalāh for ʿĪd al-Aḍḥa takes place in the country of the representative many hours prior to the time for Ṣalāh in the country of the person appointing the representative. In this situation will the qurbānī be valid if the qurbānī is done immediately after Ṣalāh in the country of the representative?
Some scholars have stated that the qurbānī is not valid because the sabab al-wujūb (cause for necessitation) of qurbānī is time. For the people who reside in cities it is also a condition that the qurbānī take place after the performance of Ṣalāh al-ʿĪd. Some scholars state that the qurbānī is valid because what is taken into consideration is the place of the sacrifice and the place where the representative is. Please guide us in relation to which ruling we should act upon.
Answer
Answer with the Help of The Almighty King
The BestowerIn relation to qurbānī and any act of worship that is unrestricted, the time and place of the representative is taken into consideration. Therefore qurbānī is permissible in the situations that have been enquired about.
The qurbānī is correct and valid. It is stated Badā’i Al-Ṣanā’i, Volume 5, Page 111,
أن القربة في الذبح، والقربات المؤقتة يعتبر وقتها في حق فاعلها لا في حق المفعول عنه،
“Indeed the the time of the one carrying the action out is considered in relation to an act of reward pertaining to slaughter and good deeds that are restricted by time not the time of the one for whom the action is carried out. ”It is stated in Al-Fatāwā Qāḍī Khān, Fatāwā Bazāziyyah, Al-Fatāwā Al-Hindiyyah and general books of Fiqh (Jurisprudence),
في ظاهر الرواية يعتبر مكان الأضحية لا مكان المضحي، موضع الذبح دون المذبوح عنه كذا في الظهيرية وهو أصح وبه نأخذ كذا في الحاوي للفتاوى لأن الذبح هو القربة فيعتبر مكان فعلها لا مكان المفعول عنه
“In the apparent position (of the Ḥanafī school) the place of the sacrifice is taken into consideration not the place of the one who is carry out the sacrifice. Similarly, the place of the slaughter is taken into consideration not the one for whom the slaughtering is being carried out. This is what is stated in Al-Ẓahīryyah and this is the most authentic position and we issue rulings according to this. This is what is stated in Al-Ḥāwī lil-Fatāwā. This is because the slaughter is the action of reward so the place of it being carried out is what is considered, not the place of the one for whom it is being done.”
If a person residing in a city wishes for meat to be ready for him prior to Ṣalāh of ʿĪd al-Aḍḥa then the Noble Jurists have given the ḥīlah (plan) for this purpose, which is, that he send his animal that is to be sacrificed to the village where he can arrange for it to be slaughtered after true dawn.
It is stated in Durr al-Mukhtār, Volume 9, Page 461,
فحيلة المصري أراد التعجيل أن يخرجها لخارج المصر فيضحي بها إذا طلع الفجر، مجتبى
“The plan for the person residing in the city who desires for it to be done quickly is to take it out of the city and for it to be sacrificed there when dawn rises.
”It is stated in Al-Fatāwā Al-Hindiyyah, Volume 5, Page 366,
الرجل إذا كان في مصر وأهله في مصر آخر فكتب إليهم ليضحوا عنه فإنه يعتبر مكان التضحية
“When a man is in a city and his family is in another city, so he writes to the family to carry out the sacrifice on his behalf, then the place of the sacrifice is taken into consideration.
”It is based upon this that if ʿĪd al-Aḍḥa takes place in Uk and Europe on a certain day then the representatives in India or the sub-continent will not carry out the sacrifice on that day over there which is their ninth Dhul-Ḥijjah. This is a bit like us sending a person to perform Ḥajj on our behalf (Ḥajj Al-Badl) and Dhul-Ḥijjah commences one day prior to the Dhul-Ḥijjah in Britain. That person will perform Wuqūf (the standing in ʿArafah) according to the date over there, not according to the date in Britain. Similarly, the date in the UK of ninth Dhul-Ḥijjah will be according to this country and not Makkah Al-Mukarramah.
As for the confusion that the sabab al-wujūb (cause for necessitation) for qurbānī is time as is stated in the general books of jurisprudence and thus when the time has not entered for the one appointing the representative, then how will the wājib qurbānī be fulfilled when it is done at a time when qurbānī is not even wājib (necessary) upon him? It is stated in the general books of Fiqh (Jurisprudence),
وسببها الوقت كذا في الدر
“And its cause is time.
This is what is stated in Al-Durr.
”The solution to this confusion is that the condition for wujūb (necessitation) is to own the amount equivalent to niṣāb (threshold) as is stated in Radd al-Muḥtār, Al-Baḥr Al-Rā’iq, Fatḥ Al-Qadīr and other works,
والغنى شرط الوجوب
“And (possessing) wealth is a condition for necessity.”
Time is not a condition for wujūb (necessity) itself. Moreover time is a condition for the wujūb (necessitation) of adā (fulfilment). It is clearly stated in Al-Baḥr Al-Rā’iq,
أما شرائط ادائها فمنها الوقت
“As for the conditions of fulfilment, then time is from them.”
Therefore the meaning of time being a cause for necessitation is that it is a cause for the necessitation of fulfilment. The connection of wujūb (necessity) itself is with muwakkil (the person appointing the representative). Therefore it is necessary for him to be mālik al-niṣāb (owner of the amount equivalent to the threshold). Qurbānī will only be wajib (necessary) if this condition is fulfilled. And wujūb al-adā (necessitation of fulfilment) of qurbānī is connected to the wakīl (the representative). Therefore the representative will fulfil the qurbānī (sacrifice) according to his time and the wajib (necessary) action be fulfilled by this. In ruling, the muwakkil (the person appointing the representative) is classed to be present in the place where the wakīl (the representative) is present. Therefore, the wakīl (the representative) for qurbānī will carry out sacrifice according to the time in his locality.
والله تعالى أعلم
And Allah, the Exalted, knows best.
Written by Mufti Shamsulhuda Khan (May Allah preserve him)
