* هذه الفتوى ننشرها باسم الفقيه الذي أفتى بها في كتبه القديمة لغرض إفادة الباحثين من هذا العمل الموسوعي، ولا تعبر بالضرورة عن ما تعتمده دائرة الإفتاء.

Fatawaa

Subject : Permissibility of Slaughtering the Hady in Tamatu` and Qiraan Hajj before the Day of An-Nahr
Fatwa Number : 2363
Date : 24-07-2012
Classified : How to Perform Haj and Omrah
Fatwa Type : Encyclopedia of Scholars' Fatawaa

Question :

Is it permissible to slaughter the Hady (sacrificial animal in Hajj) in Tamatu` and Qiraan Hajj before the Day of An-Nahr?



The Answer :

All perfect praise be 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.


There are two types of sacrifices offered by a pilgrim:


1- Obligatory: such as in Tamatu` and Qiraan Hajj or when a pilgrim leaves an obligatory act of Hajj or violates one of the restrictions of Ihram.


2- Voluntary: such as the Udhiyah. The place for slaughtering both types is the Haram area: Mecca and its surroundings. The time for slaughtering the voluntary Hady is the same as that of the Udhiyah .i.e. from after the `Eed prayer until the last day of Tashreeq.


However, according to the Shafii jurists, the time for slaughtering the obligatory Hady starts once the reason for doing so takes place. For example, in Tamatu` Hajj a pilgrim becomes compelled to slaughter a sheep once he assumes Ihram, not before that. Accordingly, he is permitted to slaughter the sheep from the time he assumes Ihram until forever, even after the days of Tashreeq. If he failed to do so, then he may resort to the alternative, which is fasting three days during Hajj and seven days when he returns to his country. However, if he fasted the three days after the days of Tashreeq, then it is considered making up for missed fast.


In Qiraan Hajj, a pilgrim is obligated to slaughter the sheep after he assumes Ihram for both Hajj and Umrah.


It is well known that in Tamatu` and Qiraan Hajj a pilgrim assumes Ihram before the Day of An-Nahr; therefore, he is permitted to slaughter before that day. However, the other three schools of thought-the Malikii, The Hanbalii and The Hanafii-permit him to do the slaughtering only on the Day of An-Nahr; therefore, it is imperative that he slaughters after the `Eed prayer so as for his Hajj to be in line with the view of the four juristic schools. And Allah Knows Best.







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