Sacrifice and abstention

Question

Is undertaking the offering of the Udhiyah (a sacrificial animal) fard (obligated) upon all Muslims during the month of Dhul-Hijjah?  If one does perform the sacrifice, is it an obligation to therefore not cut or trim one’s hair and nails during the first ten-days of the month prior to the sacrifice?  If I cut my hair or nails does that invalided the sacrifice which I’ve made?

These are some of the questions that have been sent in recently.  Many questions have been raised particularly in relation to the status or requirement of not cutting one’s hair or nails during the blessed ten-days of Dhul-Hijjah.  Rather than listing all of the questions that have been received separately, responding to each in turn, we have decided to try, perhaps belatedly, to set out the background to this matter and hopefully, by the permission of Allah the Exalted, to outline why there is such sharp scholarly disagreement on the latter set of questions.

To begin, generally it is not a matter of dispute that the first ten-days of Dhul-Ḥijjah are a blessed time.  This is the month in which those who are able to do so, perform the Hajj and its associated rites.

إن أول بيت وضع للناس للذي ببكة مباركا وهدى للعالمين

فيه آيات بينات مقام إبراهيم ومن دخله كان آمنا ولله على الناس حج البيت من استطاع إليه سبيلا ومن كفر فإن الله غني عن العالمين

The first House [of worship] to be established for people was the one at Mecca.  It is a blessed place; a source of guidance for all people there are clear signs in it; it is the place where Abraham stood to pray; whoever enters it is safe. Pilgrimage to the House is a duty owed to Allah by people who are able to undertake it. Those who reject this [should know that] Allah has no need of anyone.[1]

الحج أشهر معلومات

The pilgrimage takes place during the prescribed months.[2]

In relation to the beginning ten-days, they are referred to as being vastly superior to others.  In this regard we have the Ṣaḥīḥ ḥadith from the Messenger of Allah, peace and blessings be upon him, which outlines this:

حدثنا محمد بن عرعرة قال حدثنا شعبة عن سليمان عن مسلم البطين عن سعيد بن جبير عن ابن عباس عن النبي صلى الله عليه وسلم أنه قال‏ ما العمل في أيام العشر أفضل من العمل في هذه ‏قالوا ولا الجهاد قال‏ ولا الجهاد، إلا رجل خرج يخاطر بنفسه وماله فلم يرجع بشىء

Muḥammad ibn ‘Arara narrated to us he said Shu’ba narrated to us from Sulaymān from Muslim al-Baṭeen from Sa’eed ibn Jubar from Ibn ‘Abbās from the Prophet peace and blessings be upon him, that he said: No good deeds done on other days are superior to those done on these (first ten days of Dhul-Hijjah).  They asked: ‘Not even Jihad?’  He replied, Not even Jihad, except that of a man who does it by putting himself and his property in danger and does not return with any of those things.[3]

Is doing the sacrifice obligated?

Is undertaking the offering a Udhiyah (a sacrificial animal) farḍ (obligated)?  This is the first issue of contention.[4]  Broadly, the answer is no.  The weight of evidence does not establish this as being fard.  By and large there is conformity on the matter, that this is a recommended act.  In other words, if one undertakes this it is rewardable, but if one chooses not to do, for whatever reason, this does not entail blame or result in sin.  To that end, we have included here below, a full translation of the relevant sections from al-Muḥalla where this matter is dealt with quite conclusively.  It is a recommended act.

Scholarly disagreement

However, tied to this is the accompanying point regarding leaving the hair and nails.  Here, there is sharp scholarly disagreement as to whether one is obliged not to cut one’s hair and nails during this period if wanting to offer the Udḥiyah.

Essentially this disagreement revolves around the hādith as narrated via Sa’eed ibn al-Musayyib from the mother of the believers, Umm Salamah.  The ḥadith is recorded across the corpus, appearing in seven-narratives recorded in Sahīh Muslim, as well as in the Sunan collections of Abu Dāwud, al-Tirmidhi, Ibn Mājah, al-Nasā’i and al-Bayhaqy.  Notably, the tradition is not recorded by al-Bukhāri in his  Sahīh.  Rather, he has recorded a separate narration from ‘Aisha, mother of the believers, that she used to prepare the garlands for the sacrificial animals, and that the Prophet peace and blessings be upon him would not refrain from things that those in a state of Ihrām would.  By implication, meaning that there wasn’t a mandatory requirement to refrain from cutting the hair or nails.  This omission by al-Bukhāri didn’t go unnoticed.  Many concluded from this that he held there to be some contention over the veracity of the ḥadith and its accompaniments as cited in  Sahīh Muslim.

From his vantage point Ibn Hazm doesn’t contest the reliability of the narration from Sa’eed ibn al-Musayyib.  Although he doesn’t quote directly from the narratives which are recorded in Sahīh Muslim, he marshals two, which are essentially one tradition, from the Sunan collections of Abu Dāwud and al-Nasā’i.  Taking great umbrage with the opinion held by Abu Hanifah that the Udhiyah is fard, Ibn Hazm does provide quite a sophisticated analysis to show this is invalid.  He analysed the traditions and argued that despite being a recommended act, if one is intending to make that sacrifice, there is a requirement not to cut one’s hair and nails until the sacrifice is made.  Naturally, if one is not intending to do this, the requirement would not apply.  His line of reasoning is two-fold: the wording of the ḥadith as reported from Umm Salamah clearly demonstrates it is a matter of choice, thereby showing this is not an obligation.  Second, and similar to any voluntary act, there are requirements in order to perform it.  If one choses to do so, those requirements have to be adhered to.

Contesting the hadith

Some scholars have sought to contest the veracity of the hadith which is narrated by Sa’eed ibn al-Musayyib from Umm Salamah.  The main issue of contention is that they have a) given preference to the hadith as narrated by ‘Aisha and b) at the same time, hold that what Sa’eed ibn al-Musayyib narrates is not marfu’ (raised and attributable to the Prophet) but rather mawquf (halted at the Companion narrator); the additional corollary to that being, that the ḥadith is ḍaef (weak) with defects in the isnād.  Although noted in the text of the Muḥalla as translated below, for the sake of brevity, the two narratives are set out here.  The first ḥadith is what Muslim records in his  Sahīh, with a telling follow-on comment regarding whether it is raised and attributable to the Prophet, peace and blessings be upon him:

حدثنا ابن أبي عمر المكي حدثنا سفيان عن عبد الرحمن بن حميد بن عبد الرحمن بن عوف سمع سعيد بن المسيب يحدث عن أم سلمة أن النبي صلى الله عليه وسلم قال‏ إذا دخلت العشر وأراد أحدكم أن يضحي فلا يمس من شعره وبشره شيئا

‏قيل لسفيان فإن بعضهم لا يرفعه قال لكني أرفعه

Ibn Abi Umar al-Makki narrated to us Sufyan narrated to us from ‘Abdar-Raḥman ibn Ḥumayd ibn ‘Abdar-Raḥman ibn ‘Auf, he heard Sa’eed ibn al-Musayyib narrate from Umm Salamah, that the Prophet, peace and blessings be upon him said:

When the ten (days) begin and one of you wants to undertake a sacrifice, so then let him not touch anything from his hair and his nails.

It was said to Sufyān, ‘But some of them do not consider it to be marfu’.’  He said: ‘But I hold it to be marfu’.’[5]

The ḥadith which al-Bukhari records in his Sahīh in several places is:

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ حَدَّثَنَا اللَّيْثُ حَدَّثَنَا ابْنُ شِهَابٍ عَنْ عُرْوَةَ وَعَنْ عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ أَنَّ عَائِشَةَ رضى الله عنها قَالَتْ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يُهْدِي مِنَ الْمَدِينَةِ، فَأَفْتِلُ قَلاَئِدَ هَدْيِهِ، ثُمَّ لاَ يَجْتَنِبُ شَيْئًا مِمَّا يَجْتَنِبُهُ الْمُحْرِمُ‏

Abdullah ibn Yusuf narrated to us al-Layth narrated to us Ibn Shihāb narrated to us from ‘Urwa and from ‘Amra bint ‘Abdar-Raḥman that ‘Aisha, may Allah be pleased with her, she said: ‘The Messenger of Allah, peace and blessings be upon him used to send the sacrificial animal from al-Medina and I would prepare the garlands for this animal.  Then he did not avoid anything that the Muḥrim would avoid.’

After citing two of the channels from Sa’eed ibn al-Musayyib, al-Ṭaḥāwi writes in Sharḥ Ma’āni al-Athar:

al-Layth (ibn Sa’d) said: ‘This has been mentioned, but most people disagree with it.’

Abu Ja’far (al-Ṭaḥāwi) said: A group followed this ḥadith, imitated it, and made it a principle. Others opposed them, and they say, ‘There is nothing untoward by trimming the hair and nails during the ten-days, whether intending to undertake the sacrifice or not.’  They bolstered that with what we have mentioned in the book of Ḥajj, from ‘Aisha, may Allah be pleased with her, that she said: ‘I used to tie the garlands for the sacrificial animals of the Messenger of Allah, peace and blessings be upon him, and he would send them, then he would stay among us without avoiding anything that the Muḥrim would avoid until the people returned.’  Hence within that, is the evidence upon its permissibility contrasting with what the first ḥadith outlined.  The ḥadith coming from ‘Aisha is better than what has come in the ḥadith of Umm Salamah, may Allah be pleased with her, because it has come by way of mutawātir.  The ḥadith of Umm Salamah, may Allah be pleased with her has not come like that.  Nay, there is Ṭa’n in the isnād of the ḥadith of Mālik, and it is said that it is mawquf upon Umm Salamah, may Allah be pleased with her.[6]

In al-Talkhiṣ, Ibn Ḥajar is more circumspect noting that while some scholars have graded the narration as being Ṣaḥīḥ, others have contested its veracity too.  He writes:

حديث: إذا دخل العشر، وأراد أحدكم أن يضحي، فلا يمس من شعره وبشره شيئا، مسلم من حديث أم سلمة بهذا، وله عنده ألفاظ١، واستدركه الحاكم فوهم، وأعله الدارقطني بالوقف، ورواه الترمذي وصححه

Hadith: ‘When the month enters and you want to offer a sacrifice, then do not touch anything from the hair or nails.’ Muslim narrated from Umm Salama with this ḥadith, and it has various wordings.  And in his Mustadrak, al-Ḥākim included it but made an error; al-Dāraquṭni criticised it for being mawquf. (It is) narrated by al-Tirmidhi and he has it as being Ṣaḥīḥ.[7]

Ibn ‘Abd al-Barr set out his series of objections in al-Tamhid, in the round arguing that there are tell-tale signs that the narrative is weak and unreliable.

Abu Umar said that Qatādah’s ḥadith has variations, and likewise, Umm Salama’s ḥadith has variations, with some narrators not being reliable.  It is more likely to be permissible. The view of Mālik is that there is no harm in shaving the head, trimming the nails, and cutting the mustache during the first ten days of Dhul-Ḥijjah. This is also the view of other jurists in Medina and Kufa.  Al-Layth ibn Sa’d mentioned the ḥadith of Sa’eed ibn al-Musayyib from Umm Salama that the Prophet, peace and blessings be upon him, said: ‘Whoever among you sees the new moon of Dhul-Ḥijjah and intends to offer a sacrifice, let him not take anything from his hair or nails until he sacrifices.’  Al-Layth said: ‘This has been narrated, but people are not following it.’  In this ḥadith, it is stated that it is not permissible for someone who intends to offer a sacrifice to cut their hair or nails. However, in the ḥadith of ‘Aisha, it is mentioned that the Messenger of Allah, peace and blessings be upon him, did not avoid anything that the Muḥrim avoids when he sent his sacrificial animal. This contradicts and refutes the ḥadith of Umm Salama. Further indicating its weakness and unreliability is that Mālik narrated from Umāra (ibn Abdullah) from Sa’eed ibn al-Mussayib that there is no harm in using depilatory cream during the first ten days.[8]

Outlining the views from al-Shāfi’i and others, al-Shawkāni says:

The ḥadith (of Umm Salamah) is used to support the legitimacy of refraining from cutting hair and nails after the start of the first ten days of Dhul-Ḥijjah for those who want to offer a sacrifice.  Scholars have disagreed in relation to that. Sa’eed ibn al-Musayyib, Rabi’ah, Aḥmad, Isḥāq, Dāwud, and some of al-Shāfi’i’s companions held the view that it is prohibited for such a person to take anything from their hair or nails until they perform the sacrifice at the time of slaughtering.  Al-Shāfi’i and his companions stated that it is makruḥ (disliked), and not ḥarām (prohibited).  Imām al-Mahdi in al-Baḥr narrated from Imām Yaḥya, the Zaydi scholars, and al-Shāfi’i that refraining from cutting hair and nails for those who want to offer a sacrifice is recommended.  Al-Shāfi’i used the previously mentioned ḥadith of Aisha as evidence…He argued that this ḥadith implies that the ḥadith in question should be understood as indicating it is makruh but not prohibited.  It isn’t concealed that the ḥadith of the chapter is more specific than it, absolutely.  The general should be interpreted in light of the specific; apparent meaning of the text is with those who said it is a matter of prohibition, but only for the one wanting to undertake the sacrifice.[9]

As we have outlined elsewhere, neither the mursal nor the mawquf are standing proofs by themselves.  But this brief overview should provide some additional explanation as to why there has been such scholarly disagreement over the import as raised by the wording which Sa’eed ibn al-Musayyib narrates from Umm Salamah, may Allah be pleased with her.  Some of the scholars have taken the narration to be Ṣaḥīḥ, others have argued that it is not, hence falling back to reliance upon the narration of ‘Aisha.

——————————————-

al-Muhalla, Issue: 973

The Uḍḥiyah (sacrificial animal) is a Sunnah Ḥasanah and not a matter farḍ (obligated).[10]  Whoever has left that, not wanting to undertake it, there is no blame upon him in that.  To offer a sacrifice on behalf of one’s spouse, child or servant is commendable, but (again), there is no blame upon him in that.  Whoever wants to make a sacrifice, it is thus farḍ upon him, when the sighting of the moon of Dhul-Ḥijjah occurs, to not cut anything from their hair or nails until the sacrifice is undertaken; be that by shaving, cutting or utilising (matters) other than that.  Whomsoever doesn’t want to perform the sacrifice, he doesn’t have that restriction placed upon him.  As narrated from the channel of Abu Dāwud:

روينا من طريق أبى داود نا عبيد الله بن معاذ بن معاذ العنبري نا أبى نا محمد بن عمرو نا عمر بن مسلم سمعت سعيد بن المسيب يقول: سمعت أم سلمة أم المؤمنين تقول قال رسول الله صلى الله عليه وسلم من كان له ذبح يذبحه فأهل هلال ذي الحجة فلا يأخذن من شعره، ولامن أظفاره شيئا حتى يضحى

‘Ubaydallah ibn Mu’ādth ibn Mu’ādth al-‘Anbari narrated to us my father narrated to us Muḥammad ibn ‘Amr ibn Muslim narrated to us, I heard Sa’eed ibn al-Musayyib saying, I heard Umm Salamah, mother of the believers saying, the Messenger of Allah, peace and blessings be upon him said:

If anyone has a sacrificial animal and wants to sacrifice it, and he sights the new moon of Dhul-Ḥijjah, he must not take out any of his hair and nails until he sacrifices.[11]

And from the channel of Aḥmed ibn Shu’ayb (sic. al-Nasā’i):

ومن طريق أحمد بن شعيب انا سليمان بن سلم البلخي ثقة انا النضر بن شميل انا شعبة عن مالك بن أنس عن ابن مسلم عن سعيد بن المسيب عن أم سلمة عن النبي صلى الله عليه وسلم قال من رأى هلال ذي الحجة فأراد ان يضحى فلا يأخذن من شعره، ولامن أظفاره حتى يضحى

Sulaymān ibn Salm al-Balkhi (who is) trustworthy, narrated to us al-Naḍr ibn Shumayl narrated to us Shu’ba narrated to us from Mālik ibn Anas from Ibn Muslim from Sa’eed ibn al-Musayyib from Umm Salamah from the Prophet, peace and blessings be upon him, he said:

Whoever sees the moon of Dhul-Ḥijjah and thus wants to undertake a sacrifice, shouldn’t remove from his hair or nails until the sacrifice is made.[12]

Opposing Abu Hanifah’s adoption

Hence his saying, ‘wants to undertake a sacrifice,’ is substantive proof that the matter of the Uḍḥiyah rests upon a Muslim wanting to do so.  Consequently, if this isn’t the case, then it is not farḍ.

Abu Ḥanifah said: ‘The Uḍḥiyah is farḍ (obligated), and a man must undertake this on behalf of his spouse.’  There are many points of mistakes made therein with this.  Firstly, (if) obligated upon himself, then it is obligated upon that of his spouse.  And when it is farḍ it is similar to zakat.  Yet none is required to pay zakat on behalf of their spouse, nor for that matter offer a sacrificial animal, nor for providing compensation as it relates to hunting, nor fidiya as it relates to shaving the head from harm.  Then, there is a contradiction arising (because) of the Prophet’s command, peace and blessings be upon him, that whoever wants to undertake a sacrifice, shouldn’t touch anything from his hair or nails, as we have previously mentioned.

If they say, ‘How can it not be farḍ?  You consider it farḍ for the one who wants to offer a sacrifice not to touch his hair or nails from the (time of) sighting the moon of Dhul-Ḥijjah until he performs the sacrifice?

(In response) we say: Yes, (this is) because the Prophet, peace and blessings be upon him, commanded that for whoever wants to make a sacrifice.  But he didn’t order the matter of the sacrifice, so we didn’t exceed any boundaries.  All of the Sunnah is not farḍ has demarcated boundaries that are to be adhered to.  Like the one who wants to undertake the voluntary prayer, it is obligated upon him to perform it with wudu; facing the Qiblah, unless he’s riding.  To perform the required recitation, bow, prostrated and sit.  Similar to whoever wants to fast, it is obligated to avoid what the person fasting avoids, otherwise it is not (considered) fasting.  Consequently the same applies to all the voluntary acts undertaken in the Deen.  (Here) the matter of sacrifice is the same.  If it is undertaken as ordered, it is (considered) a sacrifice.  Otherwise, it is only a sheep for meat and not a Uḍḥiyah.

If it is said, it has been mentioned that ‘It is the duty of a Muslim who has something which is to be given as a bequest,’ to the remainder of the ḥadith.[13]  Yet this statement is not considered by you as being evidence that the matter of bequeathing it not obligatory, rather you hold it to be an obligation?

(In response) we say: Yes, because another text has come forth that imposed the matter of the waṣiyah (bequest) in the Qur’ān and the Sunnah.  He the Almighty said:

كتب عليكم إذا حضر أحدكم الموت إن ترك خيرا الوصية للوالدين والأقربين

It is prescribed that he should make a proper bequest to parents and close relatives – a duty incumbent on those who are mindful of Allah.[14]

(This is) the verse which we take; no text has come forth imposing the matter of the Uḍḥiyah.  If it had come, we would have taken it.

Narratives

They have used things including the report from the channel of Aḥmad ibn Zuhayr:

من طريق أحمد بن زهير بن حرب عن يحيى بن أيوب عن معاذ بن معاذ عن ابن عون عن أبي رملة عن مخنف بن سليم أن رسول الله صلى الله عليه وسلم قال بعرفة اتن على كل أهل بيت في كل عام أضحى وعتيرة أتدرون ما العتيرة هي التي يسميها الناس الرجبية

From of Aḥmad ibn Zuhayr ibn Ḥarb from Yaḥya ibn Ayub from Mu’ādth ibn Mu’ādth from Ibn ‘Awn from Abu Ramla from Mikhnaf ibn Sulaym that the Messenger of Allah peace and blessings be upon him said at ‘Arafah:

Indeed every household must offer annually a sacrifice and ‘Atira.  Do you know what the ‘Atira is?  It is that which the people call the Rajabiyah.[15]

ومن طريق عبد الرزاق عن ابن جريج عن عبد الكريم عن حبيب بن مخنف عن أبيه أنه سمع رسول الله صلى الله عليه وسلم يقول بعرفة على كل أهل بيت ان يذبحوا في كل رجب شاة وفي كل رجب شاة

From the channel of ‘Abdar-Razzāq from Ibn Jurayj from ‘Abd al-Kareem from Ḥabeeb ibn Mikhnaf from his father, that he heard the Messenger of Allah peace and blessings be upon him saying at ‘Arafah:

Upon every household to sacrifice every Rajab a sheep, and every Adha a sheep.

ومن طريق محمد بن جرير الطبري نا ابن سنان القزاز نا أبو عاصم عن يحيى بن زرارة بن كريم بن الحارث حدثني أبي عن جده أنه سمع رسول الله صلى الله عليه وسلم يقول في الحجة الوداع من شاء فرع ومن شاء لم يفرع. ومن شاء عتر. ومن شاء لم يعتر وفي الغنم أضحيتها

From the channel of Muḥammad ibn Jarir al-Ṭabari, Ibn Sinan al-Qazzāz narrated to us Abu Aāṣim narrated to us from Yaḥya ibn Zurāra ibn Kareem ibn al-Ḥārith, my father narrated to me from his grandfather that he heard the Messenger of Allah peace and blessings be upon him saying on the final Ḥajj:

Whoever wishes to (sacrifice) Fara’ and whoever doesn’t wish to (sacrifice) Fara’.  And whoever wishes to (sacrifice) Atirah’ and whoever doesn’t wish to (sacrifice) Atirah’.  And its Uḍḥiyah is sheep.[16]

ومن طريق الطبري أيضا حدثني أبو عاصم مروان بن محمد الأنصاري نا يحيى بن سعيد القطان حدثني محمد بن أبي يحيى حدثني أمي عن أم بلال الأسلمية قالت قال رسول الله صلى الله عليه وسلم ضحوا بالجذع من الضأن

Also from the channel of al-Ṭabari, Abu Aāṣim Marwan ibn Muḥammad al-Anṣāri narrated to us Yaḥya ibn Sa’eed al-Qahṭān narrated to us Muḥammad ibn Yaḥya narrated to me, my uncle narrated to me from Umm Bilāl al-Aslami, she said the Messenger of Allah peace and blessings be upon him said:

They sacrificed a Jadha’ from among the sheep.

ومن طريق وكيع عن إسرائيل عن جابر الجعفي عن عكرمة عن ابن عباس عن النبي صلى الله عليه وسلم قال أمرت بالأضحى ولم تكتب

From the channel of Waki’ from Isrā’il from Jabir al-Jufi from ‘Ikrimah from Ibn ‘Abbās, from the Prophet, peace and blessings be upon him, he said:

I ordered the sacrifice of al-Aḍḥa, but it was not written.

ومن طريق ابن لهيعة عن ابن أنعم عن عتبة بن حميد الضبي عن عبادة بن نسي عن عبد الرحمن بن غنم الأشعري عن معاذ بن جبل قال كان رسول الله صلى الله عليه وسلم يأمر أن نضحى ويأمر أن نطعم منها الجار والسائل

From the channel of Ibn Lahiya from Ibn Anam from ‘Utba ibn Ḥumayd al-Dabbi from ‘Ubāda ibn Nusa from Abdar-Raḥman ibn Ghanam al-Ash’ari from Mu’ādth ibn Jabal, he said: the Messenger of Allah, peace and blessings be upon him commanded that we sacrifice and commanded for the neighbour and poor to eat from that.

ومن طريق وكيع نا الربيع عن الحسن أن رسول الله صلى الله عليه وسلم أمر بالأضحى

From the channel of Waki’, al-Rabih’ narrated to us from al-Ḥasan that the Messenger of Allah peace and blessings be upon him commanded the sacrifice.

ومن طريق ابن أخي ابن وهب عن عمه عن عبد الله بن عياش بن عباس القتباني عن عيسى بن عبد الرحمن عن الزهري عن ابن المسيب عن أبي هريرة أن رسول الله صلى الله عليه وسلم قال من وجد سعة فليضح

From the channel of Ibn Akhi Ibn Wahb from his uncle from Abdullah ibn ‘Ayyash ibn ‘Abbās al-Qitbāni from Esa ibn Abdar-Raḥman from al-Zuhri from Ibn al-Mussayib from Abu Hurayrah that the Messenger of Allah peace and blessings be upon him said:

Whoever finds they have the means, let them sacrifice.

ومن طريق محمد بن عبد الملك بن أيمن نا أبو يحيى بن أبي مسرة نا عبد الله بن يزيد المقرى نا عبد الله بن عياش بن عباس القتباني حدثني عبد الرحمن بن هرمز الأعرج عن أبي هريرة قال قال رسول الله صلى الله عليه وسلم من وجد سعة فلم يضح فلا يقرب مصلانا

From the channel of Muḥammad ibn ‘Abd al-Malik ibn Ayman: Abu Yaḥya ibn Abi Masrah narrated to us Abdullah ibn Yazeed al-Muqri narrated to us Abdullah ibn ‘Ayyāsh ibn ‘Abbās al-Qitbāni narrated to us Abdar-Raḥman ibn Hurmuz al-‘Araj narrated to me from Abu Hurayrah, he said the Messenger of Allah peace and blessings be upon him said:

Whoever finds themselves with means but does not offer a sacrifice should not approach our place of prayer.

Analysis of the narratives

(Ibn Ḥazm) And all of this, is not anything.

• As for the ḥadith of Mikhnaf, it’s from Abu Ramlah al-Ghāmidi; and (together with) Ḥabeeb ibn Mikhnaf, both of them are majhul (unknown, anonymous), we do not know of them.
• As for the ḥadith of al-Ḥārith, so it is from Yaḥya ibn Zu’rāra from his father; both of them are majhul, we don’t know of them
• As for the ḥadith of Umm Bilāl, within it is Umm Muḥammad ibn Abi Yaḥya, and she is majhul.
• As for the ḥadith of Ibn ‘Ayyāsh, within it is Jābir al-Jufi, and he is a liar.
• As for the ḥadith of Mu’ādth, within it is Ibn Lahiya and Ibn Anam, both of them are severely weakened as narrators.
• As for the ḥadith of al-Ḥasan, so it is mursal
• As for the ḥadith of Abu Hurayrah, both of its channels are from the narrative of Abdullah ibn ‘Ayyāsh ibn ‘Abbās al-Qitbāni, thus he is not well known as being trustworthy.

Hence everything upon which they have established upon is substantively weakened.  They mention the statement of Allah the Almighty:

فصل لربك وانحر

So pray to your Lord and make your sacrifice to Him alone.[17]

So from this, they say it is (pertaining to) the Uḍḥiyah (sacrifice).  Abu Muḥammad (Ibn Ḥazm) said: This is a statement which is made about Allah the Almighty without requisite knowledge.  And He the Almighty said:

وأن تشركوا بالله ما لم ينزل به سلطانا وأن تقولوا على الله مالا تعلمون

And that you, without His sanction, associate things with Him, and that you say things about Him without knowledge.[18]

It has been narrated from Ali and Ibn ‘Abbās, and other than those two, that the hand is put upon the sacrifice (just as it is) in the prayer; perhaps being (like where) the sacrifice has been obligated.  As it has been (purportedly) narrated from Mujāhid and Ismā’il ibn Abi Khālid.  We are not aware of any before them who have said that it pertains to the Udhiyah.  They also mention that He the Almighty said:

ولكل أمة جعلنا منسكا

We appointed acts of devotion for every community.[19]

And yet this is not evidence contained within it upon the matter of being farḍ.  (Rather) it indicates the matter of ritual / rites for us, being virtuous and not a matter of farḍ.  They mention the  Sahīh report from the statement of the Messenger of Allah peace and blessings be upon him, ‘Anybody who slaughtered (his sacrifice) before the prayer should slaughter another animal in lieu of it, and the one who has not yet slaughtered should slaughter the sacrifice mentioning Allah’s name on it.’[20]  Ali (Ibn Hazm) said: In relation to his command, peace be upon him, to repeat the sacrifice for the one who undertook it prior to the (Eid) prayer, it is farḍ upon him because it was an order from him peace be upon him.  There is no disapproval concerning an order in the Deen that is not farḍ and the compensation for it becomes a fard.  They are in agreement with us in relation to someone who undertakes a voluntary fast on a day where it is not fard to do so; if intentionally breaking it, making that up becomes fard.  They say about the one who does a voluntary Hajj, then it is invalidated, making it up is farḍ, as it is based upon the command of Allah the Almighty and that of His Messenger, peace and blessings be upon him.  Whatever is found as fard within it, is fard; whatever isn’t is not.

Regarding his statement, peace be upon him: ‘And whoever does not (undertake a) sacrifice, then let him sacrifice in the name of Allah,’ the evidence upon what he has said shows it is not a command that is farḍ. Whatever is found to be obligatory in it, is obligatory, and whatever is not found to be obligatory, is not.  As for his statement, peace be upon him: ‘And whoever does not (undertake a) sacrifice, then let him sacrifice in the name of Allah,’ the evidence is demonstrative that it is not a an order pertaining to farḍ, the correct ijmā’ (consensus) is upon that whomsoever sacrifices a camel isn’t obliged to repeat it.  Hence it is not a matter of farḍ, rather a matter of nadb (recommendation).  And with Allah, is all tawfiq.

From those whom it is narrated about the requirement of the Uḍḥiyah, are Mujāhid and Makḥul.  From al-Sha’bi, (is that) they did not give leeway to leave the sacrifice except for pilgrims or the traveler; it is narrated from Abu Hurayrah, but it is not Sahīh.

وروينا من طريق عبد الرحمن بن مهدي عن سفيان الثوري عن مطرف بن طريف عن الشعبي عن أبي سريحة حذيفة بن أسيد الغفاري قال: لقد رأيت أبا بكر وعمر وما يضحيان كراهية أن يقتدى بهما

Narrated from the channel of Abdar-Raḥman ibn Mahdi from Sufyān al-Thawri from Muṭṭarif ibn Ṭareef from al-Sha’bi from Abu Sareeḥa Ḥudhaifa ibn Aseed al-Ghifḥri, he said: I have seen Abu Bakr and Umar and they did not offer sacrifices, out of dislike for being followed in this practice.

ومن طريق سفيان الثوري عن منصور بن المعتمر عن أبي وائل هو شقيق بن سلمة عن أبي مسعود عقبة بن عمرو البدري أنه قال لقد هممت أن أدع الأضحية وانى لمن أيسركم مخافة أن يحسب الناس أنها حتم واجب

From the channel of Sufyān al-Thawri from Manṣur ibn Mu’tamir from Abu Wā’il, he is Shaqeeq ibn Salamah from Abu Mas’ud ‘Uqba ibn ‘Amr al-Badri, that he had said: I had intended to offer a sacrifice, but now I have refrained from that out of the fear that the people would construe that to be wājib.

ومن طريق سعيد بن منصور نا أبو الأحوص انا عمران بن مسلم هو الجعفي عن سويد بن غفلة قال قال لي بلال ما كنت أبالي لو ضحيت بديك ولان آخذ ثمن الأضحية فأتصدق به على مسكن مقتر فهو أحب إلى من أن أضحى

From the channel of Sa’eed ibn Manṣur, Abul’Aḥwaṣ narrated to us ‘Imrān ibn Muslim, he is al-Jufi, narrated to us from Suwayd ibn Ghafla, he said, Bilāl said to me: I wouldn’t mind sacrificing two young camels, and I won’t even take the price of the sacrifice, instead I’ll give it as charity to the poor, as it is dearer to me than sacrificing.

 ومن طريق حماد بن سلمة عن عقيل بن طلحة عن زياد بن عبد الرحمن عن ابن عمر قال الأضحية سنة

From the channel of Ḥammād ibn Salamah, from ‘Uqayl ibn Ṭalḥa from Yazeed ibn ‘Abdar-Raḥman from Ibn Umar, he said: The Uḍḥiyah is a Sunnah

ومن طريق شعبة عن تميم بن حويص الأزدي قال ضلت أضحيت قبل ان أذبحها فسألت ابن عباس؟ فقال: لا يضرك هذا كله صحيح

From the channel of Shu’ba from Tamim ibn Ḥuwayṣ al-Azdi, he said: My sacrificial animal went astray before I could slaughter it, so I asked Ibn ‘Abbās (concerning that)?  He said: ‘(There’s) no harm upon you, all of this is good.’

ومن طريق وكيع نا أبو معشر المديني عن عبد الله بن عمير مولى ابن عباس عن ابن عباس أنه أعطى مولى له درهمين وقال اشتر بهما لحما ومن لقيك فقل: هذه أضحية ابن عباس

From the channel of Waki’, Abu Ma’shar al-Madini narrated to us from Abdullah ibn Umayr, mawla of Ibn ‘Abbās, from Ibn ‘Abbās that he gave his mawla two-dirhams and said: ‘Buy meat with them, and whoever meets you say – this is a Uḍḥiyah of Ibn ‘Abbās.

No obligation for the sacrifice from the Companions

Abu Muḥammad said: It is not authentically reported from any of the Ṣaḥāba that the Uḍḥiyah is obligated.  It is authentic (from them) that the Uḍḥiyah is not obligated; from Sa’eed ibn al-Mussayib and al-Sha’bi that he said: ‘Giving three-dirham as ṣadaqah is more beloved to me than to offer the sacrifice.’  (Also) from Sa’eed ibn Jubayr and from ‘Aṭā, al-Ḥasan, Ṭāwus, al-Sha’shā Jābir ibn Zayd.  Narrated also from ‘Alqamah and Muḥammad ibn Ali al-Ḥussain.  It is the viewpoint of Sufyān, ‘Ubadyallah ibn al-Ḥasan, al-Shāfi’i, Aḥmad ibn Ḥanbal, Isḥāq and Abu Sulaymān.  This is one of the matters in which the Ḥanafi’s have differed from the majority of the scholars.

—————————————-

al-Muḥalla, Issue: 976

Ali (Ibn Ḥazm) said: At the beginning of our discourse here, we mentioned in relation to the Uḍḥiyah, the order of the Messenger of Allah, peace and blessings be upon him, (that) whoever wanted to do a sacrifice, is not to touch anything from his hair and nails.[21]    We did not mention objections of those who disagreed with that, by way of forgetfulness, so we took note therein of what is narrated from Umm Salamah, mother of the believers, that she provided a verdict about that.

ونا حمام نا عباس بن أصبغ نا محمد بن عبد الملك بن أيمن نا بكر بن حماد نا مسدد نا يزيد بن زريع نا سعيد بن أبي عروبة نا ابن أبي كثير هو يحيى أن يحيى بن يعمر كان يفتى بخراسان ان الرجل إذا اشترى أضحية، ودخل العشر ان يكف عن شعره، وأظفاره حتى يضحى، قال سعيد قال قتادة فذكرت ذلك لسعيد بن المسيب فقال: نعم فقلت: عمن يا أبا محمد؟ قال عن أصحاب رسول الله صلى الله عليه وسلم

Ḥammam narrated to us ‘Abbās ibn Aṣbagh narrated to us Muḥammad ibn ‘Abdal-Malik ibn Ayman narrated to us Bakr ibn Ḥammād narrated to us Musaddad narrated to us Yazeed ibn Zureyh’ narrated to us Sa’eed ibn Abi ‘Aruba narrated to us Ibn Abi Kathir, he is Yaḥya, narrated to us that Yaḥya ibn Ya’mar there was a verdict held in Khurasān that if a man had purchased the Uḍḥiyah and the ten-days had begun, he is to refrain from cutting his nails and hair until the sacrifice is complete.  Sa’eed said, Qatādah said: So I mentioned that to Sa’eed ibn al-Mussayib and thus he said: ‘Yes, from the Companions of the Messenger of Allah, peace and blessings be upon him.’

قال مسدد: ونا المعتمر بن سليمان التيمي سمعت أبي يقول: كان ابن سيرين يكره إذا دخل العشر أن يأخذ الرجل من شعره حتى يكره ان يحلق الصبيان في العشر

Musaddad said: Mu’tamir ibn Sulaymān al-Taymi narrated to us, he said I heard my father saying, Ibn Sirin had disliked that when the ten days began, a man should cut (anything) from his hair, even youngsters to shave their heads, in this month.

It is the viewpoint of al-Shāfi’i, Ibn Thawr, Aḥmad, Isḥāq, Abu Sulaymān and it is the viewpoint of al-Awzā’i.  Abu Ḥanifah has dissented from that, and Mālik.  We do not know of their proof originally, except that some of them mentioned what was narrated from the channel of Mālik:

من طريق مالك عن عمارة بن عبد الله بن صياد عن سعيد بن المسيب انه كان لا يرى بأسا بالاطلاء في العشر قالواوهو راوي هذا الخبر

From Mālik from ‘Umāra ibn Abdullah ibn Sayyād from Sa’eed ibn al-Mussayib, that he did not see anything untoward with dye in the ten (days).  They said, and he was the narrator of this report.

روينا من طريق عكرمة انه ذكر له هذا الخبر فقال. فهلا اجتنب النساء، والطيب وما نعلم لهم غير هذا أصلا

And what is narrated from the channel of ‘Ikrimah, that he mentioned to him this report, thus he said: So why should he avoid women and perfume? We do not know of anything other than that originally.

And all of this is nothing.  As for the narrative from Sa’eed, that he didn’t see anything untoward with dye in the ten (days), that is invalid for several reasons.  The first of which, there is no proof in the statement of Sa’eed.  Rather that which is proof, is what Allah the Almighty has obligated us to follow, namely it is the narration from him and other trustworthy narrators.  Secondly, it has been authentically reported from Sa’eed, different from what was mentioned before, and it is the first from Sa’eed.  Thirdly, Sa’eed has interpreted the use of dye as being different from the ruling upon other hair, the prohibition being for the hair upon the head only.

Fourthly, it is to tell them, just as you have said when Sa’eed narrated that which is contrary to this ḥadith, it provides indication of the weakness of that ḥadith, because he would not leave it unless he had something stronger than it.

(In fact) it is better that you say what Sa’eed narrated from the Prophet, peace and blessings be upon him and that of his Companions, may Allah be pleased with them, rather than what was narrated from Sa’eed.  It indicates that it is the weakness of that narration from Sa’eed.  It is not lawful to issue an edict contrary to what he has narrated.  That objections is more valid than yours.

Fifthly, it may be that Sa’eed, in having mentioned the use of dye during the ten-days was referring to the ten-days of Muḥarram, not that of Dhul-Ḥijjah.  Otherwise, where did you get that he wanted it (to be only) the ten referring to Dhul-Ḥijjah?  Naming ‘the ten’ is utilized both for that of Muḥarram and that of Dhul-Ḥijjah.  Sixth, that we say Sa’eed saw that regarding the one who did not want to make a sacrifice, this is Ṣaḥīḥ.

As for the statement from ‘Ikrimah, thus it is invalid, because the Deenis not taken from the viewpoint or narrative of ‘Ikrimah.  Rather, this is but his qiyās (analogy) and all qiyās is utterly invalid.  Thereafter, even if the qiyās were correct, this qiyās is manifestly false, because it is not only wājib to not touch the hair and nails by way of the clear text in that matter, it does not mean there is avoidance of women and perfume.  Similarly, if it is wājib to avoid those matters, it does not mean it is wājib to avoid touching the hair and nails.  For the one who is fasting, it is farḍ to avoid women, but not perfume, nor touching the hair and nails.  Likewise, one who is in ‘Itikāf is not required to avoid as such.  A woman in her waiting period is prohibited from intercourse and perfume but is not required to avoid cutting her hair and nails.

Their qiyās is exposed as foolishness, as are their false statements regarding the Deen.  This is the authentic edicts from the Companions, may Allah be pleased with them.  We know of no dissenting view.  Yet they have contradicted that with their own opinions.  Mālik narrated it as mursal, yet they opposed the mursal and the Musnad.

And with Allah the Almighty is all tawfeeq.

Endnotes

[1] Qur’ān 3: 96/97

[2] Qur’ān 2: 197

[3] Agreed upon.  The wording and channel are from al-Bukhāri

[4] In Bidāyatul Mujtahid [Vol. 1, p. 516] Ibn Rushd summarises this as follows: ‘Abu Ḥanifah said that sacrifice is obligatory for those residents of the cities who can afford it, and that it is not obligatory for travellers.  He was opposed in this by his two disciples Abu Yusuf and Muḥammad who maintained that it is not obligatory (but is a Sunnah).’

[5] Ṣaḥīḥ Muslim Kitāb al-Adḥā (The Book of Sacrifices).  This is the first of the narratives that Imām Muslim sets out under the chapter header of ‘When the first ten days of Dhul-Ḥijjah begin, it is forbidden for the one who wants to offer a sacrifice to remove anything from his hair and nails.’  Seven narrations are presented all narrated via the channel of Sa’eed ibn al-Musayyib narrating from Umm Salamah, may Allah be pleased with her.  Broadly, the Sunan collections also record the essential wording of the narrative together with slight variance.  In al-Sunan al-Kubra [Vol. 9, pp. 446/447], Bayhaqy cites each of the central narrations.  He follows on [at no. 19041] with the additional comment: ‘Ibn Wahb and Uthmān ibn Umar, besides other than these two, narrated it from Mālik from Umar ibn Muslim as mawquf upon Umm Salamah.  Muḥammad ibn ‘Amr ibn ‘Alqamah al-Laythi and Sa’eed ibn Abi Hilāl narrated it from Umar ibn Muslim al-Jundai’ as marfu’.  As will be seen below, Ibn Ḥazm doesn’t lead with this narration, but rather with the narration which Abu Dawud records in his Sunan.

[6] al-Ṭaḥāwi, Sharḥ Ma’āni al-Athar, [Vol. 5, no. 6247, p. 181]

[7] Ibn Ḥajar, Talkhiṣ, [Vol. 4, p. 324, no. 1954].  Al-Dāraquṭni mentions the narration in his Sunan [Vol. 4, no. 4700, p. 186], with the editor noting that in his view, it is considered as mawquf.  In full he recorded this as: Abu Bakr al-Nisāburi and Abu Rawq al-Hizāni narrated to us they said Yazeed ibn Sinān narrated to us Yaḥya ibn Kathir ibn Dirham narrated to us Shu’ba narrated to us from Mālik ibn Anas from ‘Amr ibn Muslim from Sa’eed ibn al-Musayyib from Umm Salamah that the Messenger of Allah, peace and blessings be upon him said: ‘When the ten (days) of Dhul-Ḥijjah enter, whoever among you wants to offer a sacrifice, let him not touch (anything) from his hair or his nails.’  Ibn Qayyim records in Tahzeeb al-Sunan [Vol. 2, pp. 258/259]: ‘The people have differed regarding this ḥadith and its ruling. A group has said that it is not Ṣaḥīḥ in marfu’ form, but rather it is mawquf.  Al-Dāraquṭni said in his book al-‘Illal that Abdullah ibn ‘Aāmir al-Aslami, Yaḥya al-Qahṭān and Abu Ḍamra (narrate it) from ‘Abdar-Rahman ibn Ḥumayd from Sa’eed as mawquf; ‘Uqayl (narrated it) as mawquf.’  Ibn Qayyim goes on to state that other scholars have held the opposite view, that it is marfu’, among them being Imām Muslim, al-Bayhaqy, al-Tirmidhi and others.

[8] Ibn ‘Abd al-Barr, al-Tamhid [Vol. 17, no. p.35/36]

[9] al-Shawkāni, Nayl al-Awṭar, [Vol. 3, p. 119].  After mention of the series of narrations, al-Bayhaqy quotes the opinion of al-Shāfi’i on the matter in al-Sunan al-Kubra [Vol. 9, no. 19044, p. 447].  He writes:  Abu Abdullah al-Ḥāfiz reported to us Abul’Abbās Muḥammad ibn Ya’qub narrated to us al-Rabiah’ ibn Sulaymān reports, he said al-Shāfi’i said: ‘If someone asks – what indicates that it is a ikhtiyār (choice) and not wājib (obligatory)?  Namely, referring to taking from the hair and nails, it is said to him: Mālik narrated, from Abdullah ibn Abi Bakr, from ‘Amrah, from ‘Aishah, may Allah be pleased with her, who said: I used to prepare the garlands for the sacrificial animals of the Messenger of Allah, peace and blessings be upon him…’

[10] al-Muḥalla Book of Sacrifices, Issue 973, [Vol. 6, pp. 3/10, Dar al-Kotob al-Ilmiyah, 2010 edition]

[11] Recorded by Abu Dāwud in his Sunan (The Book of Sacrifices).  After citing the narration Abu Dāwud recorded his comment as follows: ‘There was a disagreement regarding Mālik and Muḥammad ibn ‘Amr about ‘Amr ibn Muslim. Some of them said ‘Umar,’ while most of them said ‘Amr.’   Abu Dāwud said: ‘And he is ‘Amr ibn Muslim ibn Ukaymah al-Laythi al-Jundai.’

[12] al-Tirmidhi records similar in his Sunan (The Book of Sacrifices): Aḥmad ibn al-Ḥakam al-Baṣri narrated to us Muḥammad ibn Ja’far narrated to us from Shu’ba from Mālik ibn Anas from ‘Amr or Amr ibn Muslim from Sa’eed ibn al-Musayyib from Umm Salamah from the Prophet, peace and blessings be upon him, he said: ‘Whoever sees the moon of Dhul-Ḥijjah and thus wants to undertake a sacrifice, shouldn’t remove from his hair or nails until the sacrifice is made.’  Abu Esa said: This ḥadith is ḥasan Ṣaḥīḥ.  What is correct (sic. in the isnād) is ‘Amr ibn Muslim.  Muḥammad ibn ‘Amr ibn ‘Alqamah and others have narrated from him.  This ḥadith has been narrated from Sa’eed ibn al-Musayyib from Umm Salamah from the Prophet, peace and blessings be upon him, from other than this pathway, similar in meaning to this.  And it is the viewpoint of some of the people of knowledge and it was the saying of Sa’eed ibn al-Musayyib; Aḥmad and Isḥāq went with this ḥadith.  Some of the people of knowledge allowed a rukhṣa (dispensation) in that.  They said there is nothing untoward to take out (i.e. cut, remove) from his hair and nails.  It is the viewpoint of al-Shāfi’i, and he utilised the ḥadith of ‘Aisha that the Prophet, peace and blessings be upon him, departed with his sacrificial animal from al-Madina, he would not avoid anything that had to be avoided by the Muḥrim (the one in the state of Iḥrām).

[13] Agreed upon, as recorded by al-Bukhāri and Muslim.  The wording in full is: ‘It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without executing a written will.’  al-Ḥāfiz records this too in Bulugh al-Marām, in the Book of Sales.

[14] Qur’ān, 2: 180.  The end of verse 179, leading into 180 states: ‘When death approaches one of you who leaves wealth.’

[15] Versions of this narration are cited in the Sunan collections of Ibn Mājah, Abu Dāwud and al-Tirmidhi.

[16] In the book of Aqiqah, al-Bukhāri records the following tradition: Abdān narrated to us Abdullah narrated to us Ma’mar reported to us al-Zuhri reported to us from Ibn al-Mussayib from Abu Hurayrah, may Allah be pleased with him, from the Prophet, peace and blessings be upon him, he said: ‘Neither Fara’ nor Atirah’ (is lawful).’  Al-Fara’ was the first offspring (of camels or sheep) which the pagans used to offer (as a sacrifice) to their idols. And al-Atirah’ was (a sheep which was to be slaughtered) during the month of Rajab.

[17] Qur’ān 108: 2

[18] Qur’ān 7: 33

[19] Qur’ān 22: 34

[20] As recorded by al-Bukhāri, Muslim and others

[21] al-Muḥalla Book of Sacrifices, Issue 976 [Vol. 6, pp. 28/29]