Is it permissible for the one who wants to offer a sacrifice to cut his hair or nails?.


Praise be to Allaah.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:

If anyone wants to offer a sacrifice, and the month of Dhu’l-Hijjah has begun, either because the new moon has been sighted or because thirty days of Dhu’l-Qa’dah have passed, then it is haraam for him to remove anything of his hair or nails or skin until he has slaughtered the sacrifice, because of the hadeeth of Umm Salamah (may Allaah be pleased with her), according to which the Prophet (peace and blessings of Allaah be upon him) said: “When you see the new moon of Dhu’l-Hijjah – according to another version, When the ten days (of Dhu’l-Hijjah) begin – and any one of you wants to offer a sacrifice, let him refrain (from cutting) his hair and nails.” Narrated by Ahmad and Muslim. According to another version, “Let him not remove anything from his hair and nails until he has offered the sacrifice.” And according to yet another version, “ He should not touch his hair or skin.”

If he forms the intention to offer the sacrifice during the first ten days of Dhu’l-Hijjah, then he should refrain from that from the moment he forms that intention, and there is no sin on him for anything he may have done before forming the intention.

The reason for this prohibition is that when the person who wants to offer the sacrifice joins the pilgrims in some of the rituals of Hajj – namely drawing closer to Allaah by slaughtering the sacrifice – he also joins him in some of the features of ihraam, namely refraining from cutting his hair etc.

This ruling applies only to the one who is going to slaughter the sacrifice. It does not apply to the one on whose behalf a sacrifice is offered, because the Prophet (peace and blessings of Allaah be upon him) said, “If any one of you wants to offer a sacrifice.” He did not say, “… is going to have a sacrifice offered on his behalf.” And the Prophet (peace and blessings of Allaah be upon him) used to offer the sacrifice on behalf of the members of his household, and it is not narrated that he told them to refrain from that (cutting their hair and nails etc).

Based on this, it is permissible for the family of the person who is going to offer the sacrifice to remove things from their hair, nails and skin during the first ten days of Dhu’l-Hijjah.

If the person who wants to offer the sacrifice does remove anything from his hair, nails or skin then he has to repent to Allaah and not do it again, but he does not have to offer any expiation, and that does not prevent him from offering the sacrifice as some of the common people think. If he does any of those things out of forgetfulness or ignorance, or some hair falls unintentionally, then there is no sin on him. If he needs to remove it then he may do so, and there is no blame on him, such as if a nail breaks and it annoys him, so he cuts it, or if a hair gets in his eye and he removes it, or he needs to cut his hair in order to treat a wound and the like.”

Fataawa Islamiyyah, 2/316.

I had my hair cut after the month of Dhu’l-Hijjah began, when I had already intended to offer a sacrifice (udhiyah). Do I have to offer kafaarah (expiation)?.

Praise be to Allaah.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:

Whoever wants to offer a sacrifice should not remove anything from his hair, nails or skin once Dhu’l-Hijjah begins, until after he has offered his sacrifice, because the Prophet (peace and blessings of Allaah be upon him) forbade that. It was narrated from Umm Salamah that the Prophet (peace and blessings of Allaah be upon him) said: “When the first ten days (of Dhu’l-Hijjah) have begun, if any one of you wants to offer a sacrifice, he should not touch (i.e., remove anything from) his hair or skin.” Narrated by Muslim… But whoever removes something from his hair, nails or skin during the first ten days of Dhu’l-Hijjah out of forgetfulness or ignorance of the ruling, when he has resolved to offer a sacrifice, does not have to do anything, because Allaah has forgiven His slaves for mistakes and forgetfulness in this and similar matters. But whoever does that deliberately has to repent to Allaah, but he does not have to do anything (i.e., he does not have to offer a fidyah or kafaarah – expiation).

Fataawa Islamiyyah, 2/316.

I intend to offer a sacrifice on behalf of myself and my children. Are there any specific characteristics that the animal should have, or is it correct to sacrifice any sheep?.

Praise be to Allaah.

There are six conditions for the udhiyah:

-1-

It should be one of the an’aam class of animals, which are: camels, cattle, sheep and goats, because Allaah says (interpretation of the meaning):

“And for every nation We have appointed religious ceremonies, that they may mention the Name of Allaah over the beast of cattle that He has given them for food”

[al-Hajj 22:34]

Baheemat al-an’aam (translated here as “beast of cattle”) includes camels, cattle and sheep. This is what is well known among the Arabs, and this was the view of al-Hasan, Qataadah and others.

-2-

It should have reached the age stipulated in sharee’ah, which is six months for a sheep and the age at which the animal is considered to be an adult for any other animal, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not sacrifice anything but an adult animal, unless it is difficult for you, in which case you may slaughter a six-month old lamb (jadh’ah).” Narrated by Muslim.

A mature animal means one that is considered to be an adult.

In the case of camels it means one that is five years old.

For cattle, it means one that is two years old.

For sheep it means one that is a year old.

The jadh’ah is that which is half a year old. So it is not correct to sacrifice a camel, cow or goat that has not yet reached maturity, or a sheep that is less than six months old.

-3-

It should be free of any faults that would render it unsuitable for sacrifice, of which there are four:

1 – An obvious defect in one eye, such as when the eye is sunken in its socket, or when it sticks out like a button, or is white and obviously defective.

2 – Obvious sickness, whose symptoms are clearly apparent in the animal, such as fever that prevents it from grazing and causes loss of appetite; mange that obviously affects its flesh or its health; deep wounds that affect its health, and so on.

3 – Obvious lameness, which prevents the animal from walking normally.

4 – Emaciation that leaves no marrow in the bones, when the Prophet (peace and blessings of Allaah be upon him) was asked about what should be avoided in udhiyah, he gestured with his hand and said: “Four: a lame animal which is obviously lame, a one-eyed animal whose defect is obvious, a sick animal whose sickness is obvious, and an emaciated animal that no one would choose.” Narrated by Maalik in al-Muwatta’ from the hadeeth of al-Bara’ ibn ‘Aazib. According to a hadeeth narrated from him in al-Sunan, he said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) stood up among us and said: ‘There are four which are not permissible for sacrifice,’” and he mentioned something similar. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1148.

These four faults render an animal unsuitable for sacrifice, and they include similar faults or more severe faults. So the following animals are also unsuitable for sacrifice:

1- One that is blind in both eyes.

2- One that has eaten more than it can stand, until the danger has passed.

3- One that has encountered difficulty in giving birth, until all danger has passed.

4- One that has suffered something that could kill it, such as strangulation or a fall from a high place, until the danger has passed.

5- One that is unable to walk because of a defect.

6- One that has had one of its forelegs or hind legs cut off.

If these are added to the four defects mentioned in the text, the number of those that cannot be offered as sacrifices reaches ten – these six and the four mentioned above.

-4-

The animal should belong to the person who is offering the sacrifice, or he should have permission for that either on the grounds of sharee’ah or from the owner. The sacrifice is not valid if the animal slaughtered does not belong to the person who is sacrificing it, such as one that has been taken by force, stolen, or taken on the basis of a false claim, etc, because it is not permissible to draw closer to Allaah by means of sin. A sacrifice offered by the guardian of an orphan from the orphan’s property is valid if that is customary and if he feels sad about not offering a sacrifice.

A sacrifice offered by a guardian from the property of the person under his care is valid, if done with permission.

-5-

No one else should have any rights to the sacrificial animal; the sacrifice of an animal that is held in pledge is not valid.

-6-

It should be slaughtered at the time specified in sharee’ah, which is from after the Eid prayer on the Day of Sacrifice until sunset on the last of the days of al-Tashreeq, which is the 13th of Dhu’l-Hijjah. So the days when the sacrificed may be offered are four: the day of Eid after the prayer, and the three days after that. Whoever slaughters it before the Eid prayer is over, or after sun sets on the 13th of Dhu’l-Hijjah, his sacrifice is not valid, because of the hadeeth narrated by al-Bukhaari from al-Bara’ ibn ‘Aazib (may Allaah be pleased with him), according to which the Prophet (peace and blessings of Allaah be upon him) said: “Whoever slaughters (his sacrifice) before the prayer, it is meat that he has brought to his family, but that is not the sacrifice.” And he narrated that Jundub ibn Sufyaan al-Bajali (may Allaah be pleased with him) said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) saying, ‘Whoever slaughters the sacrifice before he prays, let him replace it with another.’” And it was narrated that Nubayshah al-Hadhali (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The days of al-Tashreeq are the days of eating, drinking and remembering Allaah.’” Narrated by Muslim.

But if he has an excuse for delaying it beyond the days of Tashreeq, such as if the animal ran away, without there being any negligence on his part, and he could not find it until after the time was over, or he appointed someone else to slaughter it and that person forgot until the time was over, then there is nothing wrong with slaughtering it after the appointed time. This is by analogy with the one who sleeps and misses a prayer, or forgets it – he should pray it as soon as he wakes up or remember it.

It is permissible to slaughter the udhiyah at any time, night or day, but it is better to slaughter it during the day, and it is better to slaughter on the day of Eid after the two khutbahs. Each day is better than the day that follows it, because that means that one is hastening to do good.

Islam Q&A

Sources:
1-The individual will, wasiyya, is mentioned in the Quran twice: in Sura 2 verses 180-182 and in Sura 5 verses 106-108.
The general rules of inheritance, mirath, are mentioned in Sura 4, verses11-14,176.
Besides, general moral and legal guidance is introduced in the same Sura verses
7-10 without specific details about the division of the inheritance.
2-Some traditions of the Prophet that are relevant to each will be referred to during the discussion.

Areas of discussion
1- What is the relation between the rules of the individual wasiyya and the general rules of inheritance “mirath”? Do they work together? If so are they both considered at the same binding level and the Muslim has the right to choose? Or
do they have to be taken together and they work in a certain way indicated by the Prophet’s traditions and juristic elaborations?
2- According to such indications, is there a determination of a certain proportion of the inheritance that is allowed for the wasiyya which may be given by the bequeather to whoever or whatever he/she decides to give?
3- Within such allowed proportion for wasiyya, can the bequeather give one of the eligible heirs an additional share in the wasiyya added to what this heir gets according to the general rules of inheritance “mirath”?
4- Within the allowed proportion for the wasiyya , can a Muslim bequeath part of it or all of it to a non Muslim?
Let us now deal with these issues.

1-.The relation between the individual wasiyya and the general rules of inheritance:

A-The verse about wasiyya (2:180) has strong binding

tone” it is ordained for you, when death approaches any of you,

and he/she is leaving wealth after him/her, to make a will in

favor of the parents and (others)near of kin, observing what is

considered fair, this is binding on all who are conscious of God”

The verses 5:106-108 went further to regulate how the wasiyya

should be made when one is suddenly facing death while

traveling and no wasiyya has been made earlier, and this

significantly points out the obligation of wasiyya.. This Sura,

number 5, Al-Ma’ida, was revealed during the Prophet’s “Farewell

Pilgrimage” and was the last Sura revealed.

B-A tradition of the Prophet ( Hadith ), states that: “it is a

strict obligation for a Muslim who has something to be

bequeathed, that he/she should not spend three

nights(or two, in another version) without having a will written

under his/her head ( in bed )”. (1)

C-Following this Hadith, in addition to verse 2:180, many

jurists are of the opinion that making a wasiyya is mandatory.

However others believe that wasiyya is only recommended and

that the verses of mirath 4:11-14, 176 have become the general

rules of inheritance, surpassing the verses 106-108 of Sura 5, Al

Ma’ida, which was the last revealed Sura of the Quran.

D-Furthermore, the verses of mirath themselves state that

the indicated shares are to be distributed only after setting aside

what is included in a wasiyya or what is due as a debt.(4: 11-12).

This exclusion is repeated four times through Sura 4.

2-Maximum share allowed in wasiyya:

The Prophet, in answering a question from the companion Sa‘d

ibn Abi Waqqas about how much he, Sa‘d, may assign for

charity in his wasiyya, indicated that:

“one third is more than enough, for it is better for bequeather to

leave for his heirs what is enough for their needs rather than

leaving them begging others”. (2) This well accepted Hadith,

though dealing with a specific individual case, is clearly

discouraging giving the entire inheritance to charity, ignoring

close family members. However it does not make a general rule

that wasiyya should not exceed one third of the inheritance

especially when this is meant to fulfil the special needs of close

relatives in certain circumstances.

3-Wasiyya for an eligible inheritor “warith”
There are various versions of Hadith reported by different

narrators stating that a wasiyya should not bestow an extra share

to an eligible “warith” by the general rules of inheritance, such

as: “God has given to each

eligible heir his/her right and there should be no wasiyya for an

eligible heir”. (3) There is a version of the Hadith that allows

additional shares through wasiyya for one or more heirs, if the

other heirs agree: “Wasiyya to an eligible heir is only legitimate if

it is approved by the legal heirs”.(4)

All these different versions of the Hadith have problems in their

chain of narrators. This had been acknowledged by Ibn Abi

Shayba, the authority on Hadith, but he saw that the several

defective chains of narration might support one another and so

the Hadith could be

accepted.
It seems that those who accepted these narrations have been

influenced by the view that the rules of inheritance, “mirath”in

Sura: 4 verses 11-14, 176, are the general mandatory rules of

inheritance which specify the heirs and their legal shares, and so

such a weak Hadith would strengthen that view. However, this

Hadith may be stressing that “wasiyya” should be fair and avoid

favoritism. It is quite reasonable to hold the view that the

Prophet, as a leader of the Muslim community, was using

his discretionary judgement in certain given circumstances of

time and place, since the Quranic verses do not mention such an

exception in the rules of inheritance and there are no clear

indications in the Hadith that it is a permanent rule and

represents a divine revelation. Furthermore, the rules of “mirath”

and “wasiyya” are not acts of worship “‘ibada” and consequently

their purposes have to be definitely decided.

Both are considered in juristic sources as worldly human dealings

“mu‘malat,” and hence “applying the rule goes with its reason in

existence or absence”. A wasiyya should not be made merely for

special desires, personal biases and favoritism, but rather to

address the needs of different members of the family and to

provide for those who have special needs like women without

support, the elderly, the disabled or the chronically ill. Such

persons in these given cases, may get larger shares than

other eligible inheritors who are equally related or even more

close to the bequeather. Ibn Rushd and a majority of jurists are

of the opinion that this is lawful if the other heirs agree, since this

is a matter related to the rights of these heirs and not a matter of

‘ibada”.

It seems clear in the Quranic text that making wasiyya is an

obligation, and it can have priority over the general rules of

inheritance according the Quranic verses providing these rules.

However, wasiyya is to be made fair by a bequeather, knowing

that he/she will be answerable to God in the eternal life to come.

As wasiyya is a matter of mu‘amalat, tailoring the distributions of

the bequeathed property according to the real needs of

every heir, and not only to the strength of the biological

relationship to the bequeather, will secure fairness while the basic

rights of the other relatives are secured as well.

However, an abuse of the discretionary wasiyya is possible, the

same as the case with the mandatory general rules of mirath.

Sham sales and donations to increase the mandatory share of a

certain heir or reduce the share of another, or even completely

deprive eligible heirs from their legitimate shares according to

the rules of mirath are known and practiced. Allegations against

the bequeather’s psychological or mental health may be raised in

a court of law by a wronged party. God consciousness and ethical

merits of all parties should essentially dominate and secure the

rights and obligations in the society better than any law.

4 -The wasiyya of a Muslim for the benefit of a non-Muslim:-

There is a Hadith that states “A kafir does not inherit a Muslim,

and a Muslim does not inherit a kafir”(5). It seems that this

Hadith cannot be applied to the “People of the Book”, as there

are special rules in dealing with them differently from the kafirs.

Looking back at the circumstances when this Hadith was said, it

seems that it was related to dealing with apostates “ murtaddin”.

Even the version of the Hadith that states: “People of two faiths

cannot inherit one another” is to be understood in the context of

the situation between kufr and Islam at that time in Arabia.

The Hanafi school of thought is explicitly accepting the wasiyya of

a Muslim to a dhimmi , an individual from the People of the Book,

who is living within the Islamic state, so long as this person is not

fighting against Muslims or has not left to live in a country that is

in war with Muslims. The Hanbalis consider legal the will of a

Muslim not only to a dhimmi but also to a kafir even if the person

resides in a country at war with Muslims, as long as the

beneficiary himself / herself is not actually fighting Muslims.

It is clear then, that the wasiyya of a Muslim to a non-Muslim and

vice versa is lawful, especially when Muslims are living as

minorities in non-Muslim countries, since Muslim men may marry

non-Muslim women. Such wasiyya would strengthen family

relations and emphasize the principles of justice in shari ’a as

well as the good of the concerned family. Furthermore, this will

stress the fact that shari‘a is for all humans and secures their

rights and needs.

By Dr. Fathi Othman
===============
Hadith References
1-The Six (well known collectors of Hadith) and Malek,Ahmed and al-Dharmi.
2- The Six, Malek and Ahmed.
3-The Five (excluding Abu Daoud or al-Nasa‘i).
4-Ibn Abbas, one version and Amr ibn Shu‘ayb in another version, both narrated
by al- Dharaqutni.
5-The Six and Ahmed.