Question (Q-104)
What do the Scholars of the Ḥanafī school state in relation to the following matters;
When a big animal is sacrificed in our area, then the shins, head and brain are not included in the meat that is shared but rather, one or two people from the people sharing in the sacrifice of the big animal take the meat from shins and the head including the brains. Sometimes the other participants who are sharing in the sacrifice of the big animal are disheartened by this. Is this correct according to Sharīʿah (Islamic Law)? If it is not correct then will this have an effect upon the Qurbānī (sacrifice)?
The meat itself is weighed and distributed equally but the bones, some of which have meat attached to them, are distributed based upon estimation. Is this correct?
The meat is separated into three portions. One of the three portions is distributed amongst the participants equally. The second portion is given to the poor and whatever remains after giving to the poor is distributed equally amongst the participants. The third portion is for relatives and neighbours. Only a small amount is given to the neighbours. Whatever remains after that is distributed amongst the people who worked on the Qurbānī according to the amount of them. For example, two people from the family of one participant carry out work whilst four people from the family of another participant carry out work. In this situation, the first family’s workers will be given two shares whilst the second family’s workers will be given four shares. Similarly, each participant’s workers will be given shares according to how many workers there are. Furthermore, even if a person who is not linked to any participant carries out work then his share is also kept from this portion. The work that is carried out is cutting the meat, removing the skin and slaughtering the animals etc. Is this method of distributing the remainder of the third portion amongst the workers according to their amount correct?
One participant only intends to abide by custom and to eat meat. He does not intend to attain proximity in the Court of Allah ﷻ. Will this intention affect the Qurbānī (sacrifice) of the other participants? Will the other participants have to answer in the Court of Allah ﷻ? And will they have to give a second Qurbānī (sacrifice) in this situation? The situation at hand is that they are not aware of his intention.
Answer:
Answer with the Help of the Almighty King, the All Knowing
In relation to the sacrifice of a big animal, if any edible thing such as the head and the trotters etc. are taken by one of the participants prior to distribution, either on the participant’s own accord or with the permission of other participants, then this is impermissible. The same rule applies to the bones which have meat attached to them. It is important that they are all weighed and distributed. Distribution should not occur based on estimation. Therefore there is a strong need for caution on the part of the participants during distribution. Forgiving each other will not resolve the matter as this is the right of the Sharīʿah and therefore they have no right to forgive (as it is not their right). This is what is explained in Radd al-Muḥtār. After distribution, each participant has the right to give his share either entirely or some of it to whomsoever he wishes to as his right has now been established over that.
The method of distributing that has been mentioned in the question is not good and it is not appropriate to distribute amongst the workers in this way that they perceive this to be their wage and therefore they boldly demand it. If all participants agree to the distribution in this way then it is permissible. Ṣadr al-Sharīʿah رحمه الله states, “The skin of the Qurbānī (sacrifice) or meat or anything from it cannot be given as a wage to the butcher or to the person who is slaughtering the animal because giving it as a wage is in the meaning of selling it.” (Bahār-e-Sharīʿat, Volume 15, Page 145)
Therefore the best way of distributing is that it all be weighed and then seven equal portions be made and distributed to the participants and then the participants give their portion to the poor and to their relatives and family members according to their need. In the same way they can feed whomever they wish to from their portion.
If any of the participants does not intend to gain reward then the Qurbānī of all participants will not be valid. This is because it is not possible to separate the slaughtering in such a way that one Qurbānī be valid and the other Qurbānī be invalid.
It is stated in Al-Hidāyah,
وإن كان شريك نصرانيا أو رجلا يريد اللحم لم يجز عن واحد منهم فإن الإراقة لا تتجزأ في حق القربة (ملخصا)
“If one of the participants is a Christian or a man who intends to just obtain meat then it is not valid for any of them. For indeed the flowing of the blood does not separate into parts in relation to the intention of reward.”
As soon as they find out about the wrong intention then this ruling that has been mentioned will apply. It will be necessary for each one of them to do a second Qurbānī (sacrifice).
والله جل وعلا أعلم
Allah, Majestic and Exalted is He, knows best. His Knowledge is Complete and Sublime.
Written by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
