22
AUG
2017

Qurbaani Laws – Part 20

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SEPARATING THE HEAD

It is Makruh to separate the head of the animal before it can become cool after slaughtering, but the meat of the slaughtered animal will be Halaal.

BEING PARTNERS WITH ONE WHO TAKES INTEREST

A person should not willfully be a partner with someone who takes interest because in the case where Haraam wealth was used in partnership, none of the shareholder’s Qurbaani will be done.

If such a person takes Halaal wealth from someone and uses that in the collective Qurbaani, then it will be permissible to add it to the collective amount.

ONE OF THE PARTNERS DOES NOT GIVE PERMISSION TO SLAUGHTER

If one of the partners does not give permission to slaughter the animal and he did not appoint a representative and the others slaughtered on their own and some partners did not even know, then none of the partners’ Qurbaani will be done.

SEPARATING FROM A PARTNERSHIP

…..If one of the partners upon whom Qurbaani was compulsory separates from the partnership before slaughtering and someone else takes his place, then the Qurbaani will be in order.

…..If there was such a partner upon whom Qurbaani was not compulsory, and he separates from the partnership before slaughter, then Qurbaani remains compulsory upon him. The Qurbaani of the other partners will also not be valid.

THE SUPERIOR FORM OF PARTNERSHIP

…..The most superior form of partnership is that the partners form the partnership before purchasing the animal.

…..The person purchasing the animal should make the intention when purchasing the animal that one or two shares are for my own Qurbaani and the other shares are in partnership. This is also permissible. However, if he did not make the others as partners at the time of purchasing the animal, and afterwards he made the others as partners, then there is difference of opinion whether it is permissible or not. The preferred view is that it is permissible.

AN ANIMAL IN PARTNERSHIP

An animal given in partnership is not valid to be used in Qurbaani because it falls in the ownership of others.

REFUSAL AFTER HAVING GIVEN PERMISSION FOR PARTNERSHIP

A person said that include my share in the Qurbaani animal and he did not pay for it. He joined his share with the others. Once the Qurbaani was done, he rejected and said that I did not take a share. This rejection is not considered and it is necessary that he gives the value of that share.

DISCHARGING PAYMENT IN A PARTNERSHIP

If a number of individuals are joining in a big animal, then every partner should give the money according to the value of his share. There is no problem if one of the partners gives extra on behalf of another of the partners.

MAKING PARTNERS

…..If a person made or did not make the intention of partnership at the time of purchasing an animal, then in both cases, if the purchaser was wealthy, then he can make others as partners.

…..If the purchaser is not wealthy, but poor, then if he made the intention of partnership with another person at the time of purchasing the animal, then he can join the other person. If he did not make the intention to join another person at the time of purchasing, then he cannot make another person a partner after he has bought the animal.

SLAUGHTERING BY A SHIA

Shias are not Muslims, nor are they people of the book. For this reason, the meat of the animals slaughtered by them is not Halaal. The Ithna Ash’ari Shias believe in the alteration of the Qur’aan, the sinless Imams, taqiyya, mut’a, and they believe that all the Sahabah besides three became non Muslims and renegades. By adopting these beliefs, they are out of the fold of Islaam. For details, study the volume of ‘Bayyinaat’ dedicated to Shism. Detailed discussions and Fataawa are gathered there.

The ruling with regards to Agakhaanis and Bauharis is the same.

PARTNERSHIP WITH A SHIA

Shias are non Muslims, i.e. kaafir. If a share of an animal is that of a Shia, then the Qurbaani will not be done on behalf of anyone of the shareholders.

FOR A STUDENT TO MAKE NAFL QURBAANI

It is better for a student of Deen to buy books of Deen rather than performing Nafl Qurbaani.

PARTNERSHIP WITH ONE MAKING AQIQAH

…..A number of individuals can join with the intention of aqiqah in a big animal. This is on condition that all the partners intend either Qurbaani or aqiqah.

…..In a big animal, some partners can make the intention of Qurbaani and some can make the intention of aqiqah.

…..None of the partners’ Qurbaani is nullified if a person among the partners has a share of aqiqah in a big animal.

SLAUGHTERING BY WOMEN

There is no doubt that the animal slaughtered by a Muslim woman is Halaal. It is permissible to consume its meat. However, because women know very little of this work and there is possibility that she will not be able to stroke the knife properly because of her heart being weak, that is why it is not appropriate to give the work of slaughtering over to women without real necessity.

QURBAANI OF A STOLEN ANIMAL

If a person stole the animal of another person and slaughtered it, then the Qurbaani has been done, but it is necessary for the thief to give the value of the animal to the owner.

TO SELL THE QURBAANI ANIMAL

It is not appropriate to sell the animal for Qurbaani after it was bought. If a person sold the animal and bought another one that is cheaper, then it is necessary to give the difference in Sadaqah.

BECOMING A PARTNER IN THE QURBAANI ANIMAL

…..A person bought a big animal for Qurbaani. He made the intention at the time of buying that if I find somebody, I will make him a partner and I will make the Qurbaani with him. After this, a number of people became partners in the animal, then this will be valid.

If there was no intention of making others partners at the time of buying the animal, but the person had the intention of making the entire Qurbaani for himself, then it is better that he does not make anyone a partner. However, if he wants to make someone a partner, then there are two circumstances,

  1. If the person making the other people partners is a wealthy person, then it is valid
  2. If the person making other people partners is poor, then it is not valid

…..If a poor person bought the entire animal with the intention of Qurbaani, then he made someone else a partner, then the Qurbaani of the person who joined will be valid. However, the poor person will be responsible for all the shares that he gave. The method of fulfilling this is that if the days of Qurbaani still remain, then he should do that amount of shares extra-he is responsible for the share payment. If the days of Qurbaani have passed, then he should give the value of those shares to the poor.

APPOINTING SOMEONE TO MAKE QURBAANI

…..It is permissible to appoint someone to perform ones Qurbaani.

…..If a person appointed a representative to perform his Qurbaani, then the intention of the representative at the time of buying and slaughtering is sufficient and the representative should slaughter the animal on behalf of the person who appointed him.

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