The Sixth Topic
The Sacrificial Animal (Hady) in Hajj and Its Description
The hady is obligatory: in tamattu‘ and qiran only; as for ifrad, the hady is not obligatory. For the hady to be obligatory upon the tamattu‘ performer and the qarin, it is required that they not be residents of al-Masjid al-Haram, that is, not residents of Makkah or the Haram. If they are residents of Makkah or the Haram, no hady is upon them, as Allah Most High said: ﴿ذَٰلِكَ لِمَن لَّمۡ يَكُنۡ أَهۡلُهُۥ حَاضِرِي ٱلۡمَسۡجِدِ ٱلۡحَرَامِۚ﴾ [That is for him whose family is not resident at al-Masjid al-Haram.] (Al-Baqarah 196) So the hady obligates everyone who lives outside Makkah and the Haram, such as the people of Jeddah if they enter ihram for tamattu‘ or qiran, because they are not residents of al-Masjid al-Haram. And whenever the tamattu‘ performer or the qarin lacks the hady or its price, so that he has no money except what he needs for his own sustenance and return journey, the hady is waived for him, and he must fast ten days—three during Hajj and seven when he returns to his family—
as Allah Most High said: ﴿فَمَن تَمَتَّعَ بِٱلۡعُمۡرَةِ إِلَى ٱلۡحَجِّ فَمَا ٱسۡتَيۡسَرَ مِنَ ٱلۡهَدۡيِۚ فَمَن لَّمۡ يَجِدۡ فَصِيَامُ ثَلَٰثَةِ أَيَّامٖ فِي ٱلۡحَجِّ وَسَبۡعَةٍ إِذَا رَجَعۡتُمۡۗ تِلۡكَ عَشَرَةٞ كَامِلَةٞۗ﴾ [Whoever performs ‘Umrah then Hajj—[his offering is] what is easy of sacrificial animals; and whoever cannot find [one]—then a fast of three days during Hajj and seven when you return—those are ten complete.] (Al-Baqarah 196)
◈ He may fast the three days in the days of Tashriq: the eleventh, twelfth, and thirteenth of Dhul-Hijjah, per the saying of ‘A’ishah and Ibn ‘Umar (may Allah be pleased with them): “No concession was given to fast the days of Tashriq except for one who could not find the hady.” (1) And it is best that he fast these three days before the Day of Eid al-Adha while he is in ihram for Hajj, and it is not permissible to fast on the Day of Eid: from Abu Sa‘id al-Khudri (may Allah be pleased with him), “the Messenger of Allah (peace be upon him) forbade fasting on two days: the Day of Fitr and the Day of Sacrifice.” (2) He may fast these three consecutively or separately, but he must not delay them beyond the days of Tashriq without an excuse; if he delays them, he fasts them afterwards.
◈ As for the remaining seven: he fasts them when he returns to his family—consecutively if he wishes, or separately if he wishes—because Allah, glorified be He, made them obligatory without stipulating that they be consecutive.
Source footnotes · page 35
(1) Narrated by al-Bukhari (1997).
(2) Narrated by al-Bukhari (1991) and Muslim (1138, 141).
The description of the hady: The hady must be one of the bahimat al-an‘am, which are: camels, cattle, and sheep and goats, as Allah Most High said: ﴿وَيَذۡكُرُواْ ٱسۡمَ ٱللَّهِ فِيٓ أَيَّامٖ مَّعۡلُومَٰتٍ عَلَىٰ مَا رَزَقَهُم مِّنۢ بَهِيمَةِ ٱلۡأَنۡعَٰمِۖ فَكُلُواْ مِنۡهَا وَأَطۡعِمُواْ ٱلۡبَآئِسَ ٱلۡفَقِيرَ﴾ […and mention the name of Allah, during known days, over what He has provided them of grazing livestock; then eat of them and feed the wretched poor.] (Al-Hajj 28) One sheep suffices as a hady for one person. And one camel or one cow suffices for seven people: from Jabir ibn ‘Abdullah (may Allah be pleased with them both), who said: We set out with the Messenger of Allah (peace be upon him) in ihram for Hajj, “and the Messenger of Allah (peace be upon him) commanded us to share in the camels and the cattle—every seven of us in one badanah (camel or cow).” (1) And the finer the hady, the better, for Allah is good and accepts only what is good. It may be slaughtered anywhere within the boundaries of the Haram, and today there are dedicated, equipped slaughterhouses that the government has established—may Allah grant it success. Whoever slaughters the hady outside the boundaries of the Haram—it does not suffice him, according to the majority of the scholars.
Source footnotes · page 36
(1) Narrated by Muslim (1318, 351).
The tamattu‘ and qiran hady must be slaughtered at its appointed time, which is the days of slaughter (the Day of Eid after the Eid prayer, and the three days after it). Slaughter may not be brought forward before the Day of Eid, nor may it be delayed beyond the days of Tashriq, since that falls outside the days of sacrifice; it would not suffice if done.
The Sunnah for camels is to slaughter while standing (nahr): standing with its left leg hobbled; if that is not feasible, then kneeling. The Sunnah for animals other than camels is to slaughter while lying on its side. The slaughterer must say “Bismillah” at slaughter or nahr, for the animal is not eaten if the name of Allah is deliberately not pronounced over it, as Allah Most High said: ﴿وَلَا تَأۡكُلُواْ مِمَّا لَمۡ يُذۡكَرِ ٱسۡمُ ٱللَّهِ عَلَيۡهِ وَإِنَّهُۥ لَفِسۡقٞۗ﴾ [And do not eat of that upon which the name of Allah has not been mentioned, for indeed it is grave disobedience.] (Al-An‘am 121) and it would not suffice as a hady then, because it is carrion whose meat is unlawful. But if he forgot, it suffices and may be eaten, as Allah Most High said: ﴿رَبَّنَا لَا تُؤَاخِذۡنَآ إِن نَّسِينَآ أَوۡ أَخۡطَأۡنَاۚ﴾ [Our Lord, do not impose blame upon us if we forget or err.] (Al-Baqarah 286) The Sunnah is for him to eat from his hady and feed others from it.
