Qurbani

Rasulullah (Sallallaahu Alaihi Wasallam) had adopted quite a severe tone in regards to the one who does not perform Qurbani when he has the means. He has even prevented such a person from approaching the Eid-gah. A severe tone cannot be adopted for an action which is optional. It must be an action which is important and obligatory. This severe tone has been adopted concerning the negligence of Qurbani despite a person having the means to do it. Thus, this proves that Qurbani is Waajib (obligatory) on a person who has the means. In addition, we see that Nabi (Sallallaahu Alaihi Wasallam) continued making Qurbani for the ten years approximately that he lived in Madinah after Hijrah. According to a Hadith which is found in Tirmizi, Hazrat Abdullah Bin ‘Umar (Radiyallahu Anhu) says:

"Rasulullah (Sallallaahu Alaihi Wasallam) continued the practice of Qurbani for the ten years that he lived in Madinah." (Tirmizi)

A practice that was practiced regularly by Rasulullah (Sallallaahu Alaihi Wasallam), becomes quite an important principle. As a result, the practice of Qurbani that was practiced by Rasulullah (Sallallaahu Alaihi Wasallam) for ten years shows that it is quite an important principle. And when we see the warning and the severe tone that Rasulullah (Sallallaahu Alaihi Wasallam) used in regards to those who neglect it, this adds to its importance. It is this degree of importance that has been indicated by Waajib or obligatory. 

Days of Qurbani 

"(Hazrat) Abdullah Bin 'Umar (Radiyallahu anhu) said: Qurbani is two days after (the first) day of Qurbani." (Mou'atta Imaam Malik) 

The day of Baqr'eid is the first day of Qurbani. Thereafter, Qurbani can be done for two more days. So Qurbani can be performed for three days starting from the 10th Zul Hijjah. Therefore, according to this Hadith, Qurbani can be performed on the 10th, 11th and 12th days of Zul Hijjah. 

In Islam, the day ends at sunset, so the third day of Qurbani ends at the sunset of the 12th Zul Hijjah. 

As from when is it permissible to perform Qurbani

In a Hadith found in Saheeh Bukhari and Saheeh Muslim, Rasulullah (Sallallaahu Alaihi Wasallam) said:

"Whoever made Zabah before we perform the Salah (of Eid), he must make Zabah of another (animal) in its place. Whoever did not yet perform the Zabah until we have completed the Salah, then he should make the Zabah in the name of Allah Ta’ala." (Bukhari / Muslim)

In another Hadith, Rasulullah (Sallallaahu Alaihi Wasallam) said:

"The one who performs Qurbani before the Salah (of Eid), then, (it is as if) he performed Qurbani for his own needs. And the one who performs Qurbani after (that), then his Qurbani is completed and he practiced on the principle of the Muslims correctly." (Bukhari / Muslim)

Performing Qurbani for one’s own needs means that it is not a Qurbani that has been made with the intention of Ibaadah. It is a Qurbani that is made with the sole intention of consumption. If ever it was done with the intention of Ibaadah, it is not valid because it was performed before its time. Such an intention is valid only when it is done on its time. It is like a person who has performed Salah before its time. It goes without saying that this Salah will not be valid. One may accrue reward for it but it is not sufficient to discharge one’s responsibility. Similarly, a Qurbani which is made before its time is not valid to acquit a person of his responsibility. According to a Hadith found in Tabrani, Rasulullah (Sallallaahu Alaihi Wasallam) said:

"The one who made Zabah before the Salah (of Eid), then, it is not this Qurbani. Qurbani is only the one, whose Zabah was performed after the Salah (Of Eid)."

Thus, that time begins on the day of Baqr'id or the 10th of Zul Hijjah after the Salah of Eid. If it was done before that, it is not valid. One must redo it afterwards. 

Until when is it permissible to do Qurbani

According to the Hadith of Hazrat Abdullah Bin ‘Umar (Radiyallahu Anhuma) which was mentioned above, the day of Qurbani ends on the 12th Zul Hijjah at sunset. 

The Fatwa of Hazrat Umar (Radiyallahu Anhu)

"Qurbani is only during these three days." (Al-Muhalla)

The Fatwa of Hazrat Ali (Radiyallahu Anhu)

"Qurbani (is during) these three days. The best of it is the first day." (Al-Muhalla)

The Fatwa of Hazrat Abdullah Bin Abbaas (Radiyallahu Anhu)

"The days of Qurbani are three days." (Al-Muhalla)

The Fatwa of Hazrat Abu Hurairah (Radiyallahu Anhu)

"Qurbani is three days." (Al-Muhalla)

The Fatwa of Hazrat Anas (Radiyallahu Anhu)

"Qurbani is the يوم النحر (10th Zul Hijjah) and two days after that." (Al-Muhalla)

That is, Qurbani is made on three days: 10th, 11th and 12th day of Zul Hijjah.

Another opinion

According to another opinion, Qurbani may be done until the 4th day or the 13th of Zul Hijjah. According to this opinion, instead of 3 days, Qurbani can be done during 4 days: The day of Eid plus 3 days after Eid. This opinion is supported by a statement of Hazrat Abdullah Bin Abbaas (Radiyallahu Anhu) where he says:

"Qurbani continues for three days after the يوم النحر (day of Eid)."

In his Sanad, there is a Rawi called Talha Bin Amr Al-Hazrami who has been qualified as a weak Rawi by Ibn Maine, Abu Zur'ah and Darqutni. Thus, it is a weak Hadith. 

However, according to the authentic narration that has been reported by Hazrat Abdullah Bin Abbaas (Radiyallahu Anhu), there are only three days of Qurbani. For example, in Ahkaam-ul-Qur'an, Allaamah At-Tahawi has reported the statement of Hazrat Abdullah Bin Abbaas (Radiyallahu Anhu) with a strong Sanad whereby he says:

"Qurbani is two days after يوم النحر (the day of eid)."

Therefore, according to the authentic narration, there are only three days of Qurbani. And the narration that says that there are four days of Qurbani, is not authentic.

Qurbani of an animal whose ears are cut off 

An animal whose ears are cut off is a defective animal. But it seems practically impossible to have an animal, whose organs are all completely sound (to one hundred percent) and who does not have any defect at all. To demand such an animal for the purpose of Qurbani is like asking to do what is impossible. It is a way to close the door of Qurbani. Thus, there is certain amount of defect that is tolerable. Normally that certain quantity that is tolerable, should not be a lot. It must be little. 

According to Hazrat Said Bin Al-Musayyab (Radiyallahu Anhu), a lot means half or more than half. According to Imam Abu Hanifah (Rahmatullahi alayh), he considers up to 1/3 (one third) as tolerable. That is, an animal, whose ears are cut off up to 1/3 is acceptable and Qurbani may be performed with it. If it is more than this, Qurbani may not be performed with it. The opinion of Imam Abu Hanifah (Rahmatullahi alayh) seems to be more correct because there are more precautions in it. Therefore, according to this verdict, an animal whose ears are cut off more than 1/3 cannot be used for the purpose of Qurbani. Similarly, it is not permissible to do Qurbani of an animal that has no ears at all.

Qurbani of an animal whose horn is broken 

According to an authentic Hadith which is found in At-Tahawi, a person had asked Hazrat Ali (Radiyallahu Anhu) about an animal, whose horn was broken. Hazrat Ali (Radiyallahu Anhu) replied that there is no problem with this. This gives the impression that it is permissible to make Qurbani of an animal, whose horn is broken. But according to another Hadith of Nabi (Sallallaahu Alaihi Wasallam), it is not permissible to make Qurbani of an animal whose horn is broken. This leads us to understand that there is a certain degree of breaking that is tolerable and a degree of breaking that is not tolerable. According to a Hadith found in Sunan Abu Dawud, Rasulullah (Sallallaahu Alaihi Wasallam) prohibited to make the Qurbani of a Musta'swalah.

Musta'swalah is an animal, whose horn is broken from its root. This shows that the horn being broken from the root is such a breaking that prevents the validity of performing Qurbani of it. As for a horn that is broken from above the root, it is not a defect that prevents the validity of Qurbani, as proven by the Fatwa of Hazrat Ali (Radiyallahu Anhu). A horn that is broken from the root, is a defect in the animal because normally a horn that is broken in such a way affects the brain. Thus, a horn that is broken from the top, is not a defect. Therefore, it is not prohibited to perform Qurbani with it. Similarly, an animal that does not have a horn, is also valid for Qurbani.

Qurbani of an animal whose tail is cut off

The tail also is an important organ in an animal. An animal, whose tail is cut off, will be tolerable up to 1/3. If it is cut more than 1/3, it will not be permissible to perform Qurbani with it.

Qurbani of an animal who is one-eyed, sick, lame, old or very thin

According to a Hadith, Rasulullah (Sallallaahu Alaihi Wasallam) said: 

There are 4 types of animals that are not permissible for Qurbani:- 

1. An animal that is one-eyed in a very obvious way, 

2. An animal that is very sick,

3. An animal that is very lame and 

4. An old animal that is so thin that there is no marrow in its bones. (Abu Dawud)

This Hadith shows that these defects are tolerable in a Qurbani animal to a certain degree. When this reaches a very high degree, then it cannot be used to perform Qurbani. In the Hadith, this higher degree is called "Bayyine" which means something that is clear and obvious. In classifying that degree which is called Bayyine or obvious, there are difference of opinions among the 'Ulama. 

According to some 'Ulama, Bayyine expresses a degree of 50 percent or more. Thus, according to these ‘Ulama, a defect is tolerable up to less than 50 percent. According to another group, this expresses a degree of more than 33 percent. Thus, according to this group, a defect is tolerable up to 33 percent. When it exceeds this degree, it becomes Bayyine. The fact that there is more precaution in the second, this has been adopted as the official opinion. According to this opinion, it will not be permissible to do Qurbani with an animal, whose eyesight is affected by more than 33 percent. By this, it is clear that one will not be able to use an animal which is one-eyed or blind for Qurbani. Similarly, one will not be able to use an animal that is sick and is about to die for Qurbani.

A lame animal that cannot be used for Qurbani, is an animal that cannot put one of its legs on the ground at all. It walks with only three legs. But if it is lame to the extent that it can put its legs on the ground while walking, then this amount is passable and tolerable for the purpose of Qurbani.

Qurbani cannot be performed with an animal that became thin due to old age or due to malnutrition to such an extent that the marrow in its bones has dried.

Qurbani of a castrated animal 

"When Rasulullah (Sallallaahu Alaihi Wasallam) used to intend to perform Qurbani, he used to buy two big, fat, horned sheep that was white and black in colour and was castrated." (Ibn Majah)

According to this Hadith, the Qurbani of an animal that has been sterilised by crushing its testicles is permissible for Qurbani. Similarly, it is also permissible to perform Qurbani with an animal, whose testicles have been removed. This may appear as a defect but it is a defect or a shortcoming that has many benefits because this helps the animal to become fat and plump and it makes its flesh very tasty. Therefore, the Shari’ah has tolerated a small defect for a great advantage.

Qurbani of an animal that does not have teeth

(Hazrat) Twa'us says that Qurbani can be made with an animal that does not have teeth. (Talkhees-ul-Habeer)

An animal that does not have teeth at all is called "Hatmaa". As for "Tharma", it is an animal that does not have part of its teeth. It seems that the tooth is not a part that is essential in an animal according to Hazrat Twa'us. That is why its absence is not a defect according to Hazrat Twa'us. Thus, according to him, an animal that does not have any tooth at all, can be used for Qurbani. According to the Fuqaha such as Imam Abu Hanifah (Rahmatullahi alayh) and Imam Abu Yusuf (Rahmatullahi alayh), the teeth of an animal are an essential part and their absence makes the animal defective for Qurbani. The teeth are essential because it helps an animal to eat with ease. Therefore, an animal that does not have any tooth is supposed to be under-nourished. Thus, it is a defect that prevents it from being used for Qurbani. Just as this is not permissible, in the same way, an animal, whom most of its teeth have fallen, is also not permissible. Therefore, what is permissible is an animal that has all its teeth or most of its teeth.

Qurbani of an animal that is mad

(Hazrat) Hassan (Al-Basri) says:

"There is nothing wrong in performing Qurbani of a mad animal." (Talkhees-ul-Habeer)

A mad animal is an animal that can be used for Qurbani because it is a defect that is tolerable. However, if it prevents the animal from eating and drinking, then it will not be permissible. Madness in an animal that prevents it from eating and drinking, is a defect because inevitably, this will cause the animal to perish. It is like an animal that is dying. Qurbani cannot be made with such an animal. The statement of Hazrat Hassan Al-Basri applies to an animal whose madness does not prevent it from eating.

[English version of "Qourbaani" – Al Jamiat – Vol.4 No.7]