Muhtaram Hazrat Mufti Afzal Saheb,
As salaamu alaykum wa rahmatullahi wa barakatuhu,
I make dua that Mufti Saheb is well. May Allah Taala keep Mufti Saheb with Aafiyah and grant Mufti Saheb the best of Dunya and Aakhirah, ameen.
I require Mufti Sahebs guidance on the following:
If a South African has his qurbani made overseas, e.g. India, what is the ruling of his qurbani in the following scenarios:
1. If the 10th Zul Hijjah falls on different days in both countries and the animal was slaughtered in India before the eid of South Africa?
2. If the 10th Zul Hijjah in India falls after the 12th Zul Hijjah of South Africa?
3. If after witnessing the 10th Zul Hijjah, a South African instructs a friend of his in India to perform qurbani on his behalf, who has not yet witnessed the 10th Zul Hijjah?
The above questions arise based on the following understanding:
1. Qurbani cannot be performed before the wujoob (witnessing tuloo fajr of the 10th zul hijjah) comes upon an individual.
2. The days of qurbani are three (10th, 11th &12th). If the 10th Zul Hijjah in India falls after the 12th Zul Hijjah of South Africa, it may necessitate that the South African is having more than three days for qurbani, as the wujoob is upon him and he is allowed three days only.
3. The principle explained by the fuqahaa, contextually seems to refer to situations when the day of eid are on the same day ), or else it will lead to the permissibility of qurbani before the wujoob comes upon an individual, which is against the principle of the fuqahaa.
4. The time of slaughter begins after tuloo fajr of 10th Zul hijjah. The animal is the object of slaughter and the place of the animal considered with regards to the time of slaughter. If after witnessing the 10th Zul Hijjah, a South African instructs a friend of his in India to perform qurbani on his behalf, who has not yet witnessed the 10th Zul Hijjah, the qurbani may not be accepted as the animal was slaughtered before the 10th Zul Hijjah.
JazakAllahu Khairan and Mufti Saheb’s guidance will be appreciated