Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(20): “Ruling on Choking Male Chicks “

Date Added : 02-11-2015

 

Resolution No.(20) by the Board of Iftaa`, Research and Islamic Studies:    

“Ruling on Choking Male Chicks“

Date: 6/7/1411 AH, 21/1/1991 AD

 

We have received the following question:
What is the ruling of Sharia on choking male chicks because rearing them in poultry farms is costly?
Answer: All success is due to Allah.
The Board believes that this act is forbidden in Sharia for the following reasons:
1- It is torturing animals, and Allah the Almighty has forbidden such a thing. Our Prophet (PBUH) said: “A woman entered the (Hell) Fire because of a cat which she had tied, neither giving it food nor setting it free to eat from the vermin of the earth.“ {Bukhari}.
2- It is killing an edible animal for a purpose other than eating, and this is forbidden as well. Our Prophet (PBUH) said {what means}: “Whoever kills a sparrow or a bird of bigger size for entertainment (not to eat it because of being hungry), Allah will call him to account on the Day of Resurrection. The companions asked: how? He said: he should have killed it, then ate it; not have cut off its head and thrown it away.” {An-Nassai}.
3- It is killing a tied or confined animal, and our Prophet (PBUH) has forbidden that as well.
Accordingly, the Board of Iftaa` recommends that all Muslims and people in charge stop such an act which involves torturing animals, and the same applies to similar acts committed against human beings. We hope that they would follow the teachings of the Prophet (PBUH) who said in this regard: “Allah has written kindness on everything, so if you kill a person e.g. by Qisas (retribution) do it in a merciful manner, if you slaughter an animal, do it in a merciful manner as well; each of you should sharpen his knife to relieve his kill.“ {Muslim}.
It isn`t permissible to waste these chicks in that way, or slaughter them for a purpose other than eating, rather, they should be taken care of until they are sold even for a small profit since a Muslim should exert every effort to adhere to the Rulings of Allah The Almighty, and not to set making a profit as his sole target. And Allah The Almighty Knows Best.
.

                        Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan

                                                         The Grand Mufti of JordanIzz Addeen At-Tamimi                                                                Dr. Ibrahim Al-Khailani 

                         Dr. Ahmad Al-Qodat

                              Dr. Ahmad Hilayil         

                      Dr. Ratib Az-zahir

                            Dr. Mostafa Az-zarka

                                  Dr. Yaseen Daradkih       

                                     Dr. Abdulhaleem Ar-ramahi

 

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Summarized Fatawaa

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Should one who doesn`t perform prayer out of laziness make it up later, and how should he/she do so?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                              He/she is obliged to make up missed prayers by offering with each obligatory prayer another one, and if he/she offers two, then it is better. And Allah Knows Best.