The Obligatory Nature of Ritual Sacrifice

It has become a norm for the Ḥanafīs to be on the receiving end from all sorts of abuse and allegations regarding their fiqhī stances, for (apparently) not being in line with the Qur'ān and Sunnah, or be accused of going against the majority of the scholars on certain issues. As ʿĪd al-Aḍḥā approaches, this time the subject matter is whether the ritual sacrifice of an animal is Wājib or Sunnah. Reality being, it was not something which the classical scholars discussed heavily or broke bones over, it has however gained currency recently due to the widespread of the 'rājiḥ qawl' (correct opinion) fitnah by a certain sect, a disease which has spread far and wide where the laity are told to see the proof of their scholars in matters of furūʾ (peripheral issues). It should be known that such an opinion originates from the heretical and defunct sect known as the Muʾtazilites[1] as mentioned by many Scholars of the Ahl 'l-Sunnah, one being the great Usūlī Scholar Sayf al-Dīn al-Āmidī رحمه الله (d. 621 AH) and others besides him. This short treatise will go through some of the proofs utilised by the Ḥanafīs, their application, their authenticity and the verdicts of some of the classical scholars. The purpose of this treatise is to show that such an opinion is well rooted in the sources of our Dīn and that the Ḥanafīs have been unjustly singled out and criticised despite such an opinion being upheld by many classical scholars as will be shown in due course.




To begin, the first evidence will first be taken from the book of Allāh ﷻ. Imām Abū Bakr al-Jaṣṣāṣ, a Ḥanafī Faqīh رحمه الله [d. 370 AH] in his exegesis [tafsīr] of the Qur'ān; Aḥkām al-Qur'ān, regarding the verse;




Abū Bakr (al-Jaṣṣāṣ) says:

"This interpretation also includes the (following) two meanings: One of them is: ordainment of Ṣalāt al-Aḍḥā. The other is: obligatory nature of Uḍḥiyah (Qurbānī)".[2]

This is because by default every command of Allāh ﷻ has the status of wujūb, meaning it will be taken as الأمر للوجوب due to the word inḥar (ْاِنْحَر) being a command particle (فعل الأمر).

Now from the Sunnah of the Prophet ﷺ, the above command is supported by the following narration, which is mentioned in Imām al-Ḥākim's Mustadrak - a narration that al-Hakim has also authenticated:




"From Abū Hurayrah رضي الله عنه that he said that the Prophet ﷺ said: 'Whoever has wealth (to sacrifice) and doesn't slaughter then he should not come close to our place of prayer (for ʿĪd)'".

"This is an authentically narrated ḥadīth, they (the authors of the ṣaḥīḥayn) didn't narrate it".[3]

This has been reported in other books of ḥadīth with slightly different wordings, such as 'should not attend our place of prayer'. They are narrated both marfūʾan (a narration attributed to the Prophet ﷺ directly) and mawqūfan (a narration which stops at a companion). Imām al-Dhahabī agreed with al-Ḥākim's authentication[4], as did many other scholars[5]. Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī says (as mentioned by Imām al-Shawkānī):




"Al-Ḥāfiẓ said in Bulūgh al-Marām: 'Rather the Imams have preferred the view that this narration is mawqūf'. He also said in al-Fatḥ: 'All its narrators are trustworthy, but there is disagreement whether it is raised (marfūʾ) or it stops (at Abū Hurayrah رضي الله عنه), it being mawqūf is more closer to the correct (verdict)'".[6]

Mullā ʿAlī al-Qārī in his Mirqāt, says on this subject:




"And his saying (upon him is peace and salutations) - as has preceded - "they should slaughter another in place of it" (Bukhārī), then it is not known in the sharʿi command to repeat except if the status is of wujūb. The meaning (that it) carries the (meaning of) mandūb (permitted) status as interpreted by Ibn Ḥajar is rejected. For what is indicative of wujūb is (the following) a narration:




As for the what Ibn Ḥajar (regarding this narration) mentioned that it is mawqūf, then it is marfūʾ because it's the same as in taking the ḥukm of marfūʾ".[7]

Note: This is because a ṣaḥābī would not issue a ruling of such magnitude without prior knowledge of it from the Prophet ﷺ.

The severity of not sacrificing an animal whilst having the means can be gauged from the above narration:- this clearly proves - along with the command in the Qur'ān - that sacrificing an animal is obligatory or near enough.

Some of the well known successors (tābiʾīn) also held the status of wujūb as recorded by the Ẓāhirī Scholar, Imām Ibn Ḥazm:




"And those that held (the opinion) regarding the obligatory nature of uḍḥiyah are Mujāhid and Makḥūl. And (it's related) from Shaʾbī: There shouldn't be concessions for the abandonment of ritual sacrifice except (for those) on Ḥajj or (those who are) travellers".[8]

Major A'immah also held the position that those who could afford to give sacrifice for ʿĪd then it is wājib upon them to do so. Imām Ibn Qudāmah, the Ḥanbalī jurist lists the names of some of the great Scholars:




"Rabīʾah, Mālik, al-Thawrī, al-Awzāʾī, al-Layth and Abū Ḥanīfah said it (uḍḥiyah) is wājib, due to what was narrated by Abū Hurayrah رضي الله عنه that Rasūlullāh ﷺ said: whoever has the means and does not sacrifice, he should not come close to our place of prayer (for ʿĪd)".[9]

A Scholar that needs no introduction to the opposition is Ḥāfiẓ Ibn Taymiyyah - whose opinions are frequently upheld by them - also chose this opinion as he mentioned this in his Majmūʾ and then went on to attribute this to be an opinion of the Ḥanābilah, he first says:




"As for the ritual sacrifice, then the apparent (ruling) is (it is) obligatory also, for it is from amongst the salient features of Islām, and it is the yearly sacrifice (that takes place) in all the cities. Nusuk [ritual sacrifice] is linked with Salah [the obligatory prayer], due to His saying: (Verily my prayer, my sacrifice, my life and my death is for Allāh the Lord of the worlds", and which the Most High also said: (Pray unto thy Lord and Sacrifice), (meaning) He commanded (us) to sacrifice just as He commanded us with the (obligatory) Prayer. [10]

He further goes on to say:




"And those that have taken it as obligatory in nature; an opinion of Aḥmad in the Ḥanbalī School, it is the opinion of Abū Ḥanīfah, and one of the two opinions in the school of Mālik or the apparent (zahir) opinion of the Mālikī School". [11]

It is also worth noting from the contemporary scholars of this group, Sh. Ṣāliḥ Ibn ʿUthaymīn also found the view of ritual sacrifice (uḍḥiyah) being obligatory to be stronger. He says:




"The opinion (that uḍḥiyah) is obligatory is more apparent than the opinion that it's not obligatory, but with the condition of (the person having the) 'ability' (to afford it)". [12]




Note: As Qurbānī draws near it is vital to learn the rulings relating to it. The following article of Muftī Taqī al-ʿUthmānī حفظه الله is perfect start to understand and implement these rulings:

Zulhijjah: Eidul-Adha, Hajj, Sacrifice, etc. By Mufti Taqi Usmani

اللهم صلى على سيدنا محمد وعلى آله وصحبه أجمعين

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1. Al-Iḥkām fī Uṣūl al-Aḥkām, Imām Sayf al-Dīn al-Āmidī (4/229)

العامي ومن ليس له أهلية الاجتهاد ، وإن كان محصلا لبعض العلوم المعتبرة في الاجتهاد يلزمه اتباع قول المجتهدين والأخذ بفتواه عند المحققين من الأصوليين . ومنع من ذلك بعض معتزلة البغداديين وقالوا : لا يجوز ذلك إلا بعد أن يتبين له صحة اجتهاده بدليله ونقل عن الجبائي أنه أباح ذلك في مسائل الاجتهاد دون غيرها كالعبادات الخمس والمختار إنما هو المذهب الأول ، ويدل عليه النص والإجماع والمعقول .

"The laity are not from those that have the quality of ijtihād, even if they were to acquaint themselves with some decent knowledge of the sciences related to ijtihād, it is (still) mandatory upon them to follow the Mujtahidīn and take their fatāwā, (this being) in accordance with the verifiers from the Usūliyyīn. (However) Some of the Muʾtazilites of Baghdād prohibited this and said: '(even) that is not permitted (i.e taking of the fatwā of the Muftī by the layperson) unless he distinguishes the authenticity of his (Muftī's) ijtihād with proof'. It is related from al-Jubbā'ī that he permitted that in matters of ijtihād with the exception of a few things like praying of the five (obligatory prayers). The correct view is that of the first school (that it is mandatory for the laymen to take the fatwā of their Muftī without knowing the proof), and upon this is clear proof, Ijmāʾ and common sense".

2. Aḥkām al-Qur'ān, Abū Bakr al-Jaṣṣāṣ (5/377)

3. Al-Mustadrak ʿalā 'l-Ṣaḥīḥayn, Imām al-Ḥākim al-Naysābūrī (5/329 #7639)

4. Al-Talkhīṣ, Imām al-Dhahabī (6/233 #7565)

5. Imām al-Bayhaqī opined that the mawqūf version was correct (ṣaḥiḥ), Maʾrifat al-Sunan wa 'l-Āthār, Imām al-Bayhaqī (#4906), Imām Ibn ʿAbd 'l-Barr also indicated to the mawqūf version being authentic, al-Tamhīd, Imām Ibn ʿAbd 'l-Barr (23/192), from the contemporary Muḥaqqiqīn; Aḥmad Shākir [Taḥqīq Musnad Aḥmad (16/120)] and Nāṣir al-Dīn al-Albānī [Ṣaḥīḥ 'l-Targhīb wa 'l-Tarhīb (1087)] have also authenticated it.

6. Nayl al-Awtār, Imām al-Shawkānī (5/130)

7. Mirqāt al-Mafātīḥ, Mullā ʿAlī al-Qārī (3/1078)

8. Al-Muḥallā bi 'l-Āthār, Imām Ibn Ḥazm (6/9 #973)

9. Al-Mughnī, Imām Ibn Qudāmah (7/346)

10. Majmūʾ al-Fatāwā, Ḥāfiẓ Ibn Taymiyyah (23/164)

11. Ibid (23/165)

12. Al-Sharḥ al-Mumtiʾ, Sh. Ṣāliḥ Ibn ʿUthaymīn (7/111)