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Resolutions of Iftaa' Board

Resolution No.(192): "Ruling on Eating from a Vowed Sacrifice"

Date Added : 22-11-2015

Resolution No.(192)(12/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Eating from a Vowed Sacrifice"

Date: 2/ Moharam/1435 AH, corresponding to 6/11/2013 AD.

All perfect praise is due to Allah , The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

On its tenth session held on the above mentioned date, the Board reviewed a question emailed by one of the citizens, and it reads as follows: "I have vowed to sacrifice a calf for the Sake of Allah. Is it permissible for me and  my family to eat from it?"

After researching and deliberating, the Board arrived at the following decision:

Eating from the vowed sacrifice is one of the controversial issues among the Muslim Jurists, because some of them say that it takes the same rules of the sacrifice (Udhiyah), where the person, offering it, and his family are permitted to eat a third of its meat; whereas, some say that it takes the rules of the vow in terms of being donated for the sake of Allah, where the vow-taker and his family aren`t permitted to eat from its meat.

On their part, the Hanafite and the Shafite Jurists have forbidden the vow-taker to eat from the meat of the vowed sacrifice. Kindly refer to the book [Asna al-Mataleb, vol./pp.545].

Whereas, the Malikite and Hanbalite Jurists have permitted the vow-taker to eat from his vowed sacrifice. Al-Dosoukhi said: "If the vow-taker didn`t specify a certain animal and didn`t specify that it is vowed as a charity for the poor and needy, then he is permitted to eat from its meat." {Al-Hasheyah}. And Allah Knows Best.

 

Taking the above question* into consideration, the Iftaa` Board is of the view that it is permissible for the questioner to eat from his vowed sacrifice giving preponderance to the rules that apply to the Udhiyah.

 

Chairman of the Iftaa` Board

The General Mufti of The Hashemite Kingdom of Jordan/Abd Al-Kareem Al-Khasawneh .

Prof.Haiel Abd Al-Hafeed /member       Prof.Abd Al-Naasir Abu Al-Basal

His Eminence, Sheikh Sa`id Al-Hijawi/member           Dr.Yahia Al-Botosh

Prof.Mohammad Al-Gdah/ member              Dr. Mohammad Khair Al-E`sa

Dr.Wasif Al-Bakri / member           Dr. Mohammad Al-Khalayleh/member

Dr.Mohammad Al-Zo`bi/member      

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Summarized Fatawaa

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah 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.

Is it permissible for a wife to refuse to go to bed with her husband (for sexual intercourse)?

It isn`t permissible for her to do so unless for a sound reason.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

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