If a discreet, pubert, free male or female Muslim, settled in a village, in a desert or in a town, has the nisab amount of property or money in addition to what he or she needs, it becomes wajib for him or her to slaughter a certain animal with the intention of 'Iyd-al- adha (the 'Iyd of qurban) within certain days. The need includes a house with household appliances and three sets of clothing. According to the Shaikhayn [Imam azam and Imam Abu Yusuf], a father has to perform the qurban on his rich child's behalf [if he has a rich child], the expense being taken from the child's property. The meat cannot be eaten by anyone but the child. The meat left over by the child is sold and the money is used to buy durable things, such as clothing for the child. But the fatwa agrees with Imam Muhammad's ijtihad. Accordingly, it is not wajib for the father to perform the qurban on his child's behalf, neither at his expense nor the child's. We have explained the nisab for qurban in our discourse on the sadaqa fitr in the previous chapter. While explaining about the people (and institutions) that are to be given zakat, Ibn Abidin says that no matter how much produce a person gets from his field or year's rental he gets for his field, house, shop, [workshop or lorry] , according to Imam Muhammad, he is poor if it does not meet his yearly needs or if his monthly income does not meet his monthly needs and his debts to others. The fatwa agrees with this. But according to Imam azam and Imam Abu Yusuf, he is rich. For the value of the field, which is his property, or of the fixture, meets his needs, and what is left is (at least) the amount of nisab. Setting apart a sum of each rental he takes, he must save money and give the fitra and perform the qurban. That is, he must attain great thawab. If he does not give the fitra and does not perform the qurban, he is absolved from the sin according to Imam Muhammad. As it is seen, both of the ijtihads are well put and are matters of compassion for Muslims. If a person in this situation does not give the fitra or perform the qurban Imam Muhammad's ijtihad will save him from torment. A person who can neither get any produce from his field nor rent it out, as well as a man or woman who has property more than necessary but does not have any money, follows Imam Muhammad's ijtihad and does not give the fitra or perform the qurban. If he gives the fitra and performs the qurban, he attains the thawab for fitra and qurban according to the latter ijtihad. A person who performs a worship which is not wajib for him attains thawab for supererogatory (nafila) worship only. He cannot attain the thawab for a wajib. If he gives the meat to the poor, he attains thawab for alms, too. But the thawab for fitra and qurban, which are wajib, is much greater than that which is given for nafila and sunnat. So is the case with every kind of worship. It is written in the books Mizan-i-kubra and Manahij that it is sunnat-i-muakkada according to the other three Madhhabs. Anyone who claims that qurban is not Islamic will become a disbeliever.

[It written in the books Hazanat-al-Muftin and Ashbah, "If a person has houses and shops or a field and if the rentals he gets or the produce or rent of his field do not suffice to subsist his household, he is poor. It is permissible for him to accept zakat." As it is seen, the fatwa has been given in agreement with Imam Muhammad]. Ibni Abidin says, "A person who has a share in a joint-stock company and who cannot withdraw his money performs the qurban if he has money enough to perform it."

If a person who has difficulty living on the rent he gets has the amount of nisab, he should give the fitra and perform the qurban by saving money. Cooking and preserving all the meat he should save the money for buying meat for a few months and keep it for the next year's fitra and qurban, and thus should not deprive himself of the thawab for fitra and qurban. He who performs the qurban saves himself from Hell. A hadith ash-Sharif declares: "The worst of misers is the one who does not perform the qurban [though it is wajib for him to perform the qurban]." Rasulullah (sallallahu alaihi wa sallam) would kill two animals to perform the qurban. One was for himself, and the other was for his Umma (Muslims). It is mustahab and produces plenty of thawab to perform the qurban by killing one animal on Rasulullah's behalf, too.

Qurban means to sacrifice a sheep, a goat, an ox (or cow), or a camel with the intention of performing the qurban on one of the first three days of the 'Iyd of Qurban. Up to seven people may share a cow or a camel in their performance of the qurban, buying it collectively. The qurbans of vow and aqiqa may be joined to them. Although it is possible to become a shareholder later of the qurban which a rich person has already bought, it would be makruh. It is not permissible for eight people to purchase seven cows or for two people to purchase two sheep as qurban shareholders. For each person would then own a share in each qurban. To avoid interest earning, it is necessary to divide the meat by weighing it out in equal amounts. It is not permissible to divide the meat without weighing it even if the shareholders agree among themselves to waive their rights mutually. For waiving their rights mutually would mean giving presents. It is not permissible to make a gift of something which is sharable before the shares have been divided and distributed to the shareholders. If every shareholder is given a piece of the skin or a leg of the animal together with its meat, then it is permissible to share without weighing among six people. It is written in the books Hindiyya and Majmua-i Zuhdiyya that the head is categorized as the skin of the animal.

It is written in Hindiyya that, "It is wajib for a rich or poor person who says before the 'Iyd, 'for the sake of Allah, let it be my vow to slaughter as a qurban a sheep or that particular sheep' to slaughter one sheep during 'Iyd-al-Adha ('Iyd of qurban). If he is rich when he fulfills his vow on the days of 'Iyd, or if he is poor when he makes his vow but becomes rich on the days of 'Iyd, then it is wajib to sacrifice one qurban in addition for 'Iyd. If the rich man intended to sacrifice it as an 'Iyd qurban at the time he made his vow, he performs only one qurban. If the rich man made his vow before the 'Iyd, then he certainly should perform two qurbans. The poor sacrifices only one. They cannot sell the vowed qurbans. The animal bought and slaughtered during the 'Iyd by a musafir [This word has a technical meaning defined by Islam's Shariat. Please see Endless Bliss Fourth Fascicle, Traveler's Salat. ] or a poor person or by a person who has not made an intention or a vow to perform the qurban, becomes nafila (supererogatory) worship. It is wajib to sacrifice the qurban which a rich person bought and intended to perform as a thanksgiving for the blessings of life instead of intending to sacrifice it as the 'Iyd qurban at the time of purchase." See the following chapter for further details.

The following is an expatiation on the qurban which is wajib for a rich person to perform. The qurban is not performed by giving the animals alive as alms to the poor or to pious or charitable institutions. It is wajib to butcher them. It is written in Jawhara that, "The thawab that will be given for the money spent on the qurban is very much more than the thawab for a hundred times more [that is, a large amount of] money given as alms." It is permissible to appoint someone to act as one's wakil (deputy) to buy the animal for qurban, butcher it and give the meat to the poor, and to get these done by someone else and give the money to buy the animal or the animal alive to the deputy. But it is mustahab to be present as the animal is butchered. It is haram to kill cocks, hens or wild animals such as deer in the name of qurban; it means to imitate magians, that is, fire-worshippers.

It is not wajib for a person who knows he will be poor or safari (traveler) on the third day of the 'Iyd to perform the qurban on the first day. But for a person who knows he will be rich on the third day it becomes wajib to perform it at dawn on the tenth day of (the month of) Zu'l-hijja, which is the first day of the 'Iyd. It is not decided according to one's being rich or poor or muqim (settled) or safari (traveling) on the first day of the 'Iyd. Performing the qurban is not wajib for hajjis (Muslim pilgrims) who have journeyed to Mecca from other places. For they are safari [ See the chapter about traveler's salat in the fourth fascicle of Endless Bliss.].

For those who perform the qurban in cities it becomes wajib after the 'Iyd prayer. It is not permissible for them to perform the qurban before the prayer. They may perform it any time before the sunset of the third day. In villages it can also be performed after fajr (dawn) and before the 'Iyd prayer. For those who are in Mecca or Mina on the first day of the 'Iyd it is not wajib to perform the 'Iyd prayer.

It has been reported at the end of the chapter about Friday prayer (in the fourth fascicle) that it is sunnat to clip one's hair, beard and moustache and to trim one's nails and to shave one's armpits and pubes every week. It is written at the end of the chapter about the 'Iyd prayer in Ibni Abidin (rahmat-Allahi 'alaih), "These acts of sunnat should not be delayed during the first ten days of the month of Zu'l-hijja. The hadith that states, 'The person who is to perform the qurban must not clip his hair or trim his nails when the month of Zu'lhijja begins!' is not a command. It indicates that it is mustahab to delay these acts until after performing the qurban. But it is sinful to delay them longer, especially if one has not done them for forty days."

As it is seen, for a person who intends to perform the qurban it is mustahab not to cut his hair, beard, moustache or nails from the first day of the month of Zu'lhijja till after performing the qurban. But it is not wajib. It will not be sinful for him to do these acts, nor will it decrease the thawab for qurban. For a person who shaves because of a good excuse, growing the beard on those days causes fitna, which in turn is not permissible at all.

It is not permissible to give away the living animal of qurban or its value in money as alms. If one gives it as alms, one has to sacrifice a second one until the evening of the third day. A person who has not killed the qurban of 'Iyd or the vowed qurban by the evening of the third day gives the living animal or its value [in silver or gold] to the poor if he has bought the qurban animal. If he sacrifices it after the 'Iyd, he cannot eat from the meat; he gives it all to the poor. If the value of all the meat obtained from the animal is less than its value alive, he also gives the difference as alms. If he has not bought it he gives the value of a medium animal of qurban as alms to the poor. Thus he escapes punishment, but does not attain the thawab for performing the qurban.

If the animal was imperfect before the purchase or if later it has been flawed with some imperfection disqualifying it from being a qurban though it was suitable for being killed as a qurban during the purchase, the rich person buys another and kills it (as the qurban). If the (animal bought for the) vowed qurban is imperfect both the rich person and the poor person sacrifices it. If the animal for the vowed qurban dies (before being sacrificed) they do not have to buy another one. It is not permissible to utilize the wool and the milk of an animal for qurban before it is sacrificed.

Nor is it halal to slaughter it and eat its meat or let rich people eat it before its prescribed time. These things, (that is, the wool, the milk, and the meat), can be given to the poor. Therefore, the qurban cannot be performed on the 'Arafa [Day previous to the first day of 'Iyd of Qurban; ninth day of Zu'lhijja.] day. It is not halal for one to eat its meat or to let rich people eat it. After a day is judged to be the 'Iyd day by testimony of witnesses and as prescribed by the Sharia and the 'Iyd prayer and the qurban are performed, if it is found out that it was the 'Arafa day, the prayer and the qurban will be accepted. At places where Ramadan and the month in which the 'Iyd days cannot be discovered by testimony of witnesses as prescribed by the Sharia, the first day of the month of Zu'lhijja and hence the tenth day, that is, the first day of the 'Iyd of qurban are calculated by using the Isik method, which is explained in the eleventh chapter. The first day of the 'Iyd is the day determined by this calculation. Or it is the next day. It cannot be the previous day. For the new moon cannot be seen before it appears in the sky. Being prudent, one should perform the qurban on the second day of the 'Iyd found by calculation. But the qurban whose thawab will be presented as a gift to the dead should be performed on the first calculated day. For, this sacrifice can be performed on the 'Arafa day, too. A Muslim who has not performed the qurban should give directions in his last will before dying to his inheritors that the qurban be performed on his behalf out of the property he is leaving behind. The willed qurban is performed on (one of) the 'Iyd days. The person who performs it cannot eat from the meat even if he is poor. He has to give all the meat to the poor. If a person has died before having given directions in his last will, his inheritors or others may kill an animal of qurban out of his property any time and present the thawab to him. The thawab will belong to the person who performs the qurban. It can also be presented to the dead person. The person who performs this qurban can eat from the meat, too.

If two persons' animals for qurban are confused with each other, the animal killed by each person thinking that it belongs to him becomes his qurban. If a person usurps or steals someone else's sheep, it is permissible for him to sacrifice it as a qurban or to sell it, even if he pays the value for the living animal afterwards. For when its value is paid, the usurped animal will be his own property. In this case it is also necessary for him to do tawba (penance) for his sin of extortion.

An animal with one blind eye or with one lame leg so that it cannot walk or which has lost a major part of its eye, ear, tail or one of its front or hind legs or which is very feeble, cannot be the qurban. It is permissible to make the qurban from an animal which has broken horns or has no horns at all or which is scabby or castrated. A female animal as well as a male one can be killed as the qurban. If it is a sheep, it produces more thawab when it is male and is more white in color than black, but with goats female ones bring more thawab. Killing a sheep causes more thawab than killing an ox when they are equal in value. A sheep or a goat has to be over one year of age, an ox has to be over two, and a camel over five. It is permissible if a six-month-old home-bred sheep is big enough and fat enough. If the young that comes out of an animal sacrificed is alive, it must be butchered if you are to eat it. It is not permissible to eat it if it is dead.

It is makruh to drag an animal to the place of slaughter, to sharpen the knives after getting the animal to the ground, or to kill one animal in front of another.

First a knee-deep hole is dug. The sacrificial animal is blindfolded with a piece of cloth. It is made to lie on its left side with its face and throat towards the qibla. Its throat is brought near the hole. The ankles of its front legs are fastened together with one of its hind legs. The takbir of 'Iyd is said three times. Next the following words are said: "Bismillahi Allahu akbar." Then, if the animal is not a camel, its throat is cut at any place. While saying "Bismillahi," the "h" must be articulated with due stress and aspiration. In this case it is not necessary to bear in mind that it is Allah's name. If one does not pronounce the "h" clearly enough, one has to bear in mind that one is saying Allah's name. If one does not do this either, the animal becomes as unclean as a carrion. It is not halal to eat it. For this reason, we should not say, "Allah ta'ala," but should accustom ourselves to articulating the "h" always clearly by saying, "Allahu ta'ala." The animal's throat contains the oesophagus, called mari, the windpipe, called hulqum, and the jugular veins, called awdaj, on both sides. Three of these four pipes must be cut at the same time. It is sunnat for the person who jugulates the animal to face the qibla. It is makruh to cut the whole neck before the animal begins to lose its living temperature, that is, before its struggle is over. It is haram to cut the back of the neck only. Also, it is makruh to cut off the animal's head or to begin skinning it before its struggle is completely over and it is dead. It is mustahab that the act of jugulating be done by someone who knows how to do it. A woman as well is permitted to do it. If one does not know how to jugulate the animal, it is mustahab to have it jugulated by one's deputy, also to be present at the place during the act, and to say the hundred and sixty- second ayat, (Inna salati), of Anam sura up to the part that reads, "la sharika lah."

It is stated as follows in the chapter about qurban (Zabaih) in the book Hindiyya: "An animal which a Muslim or an Ahl-i-kitab (a Jew or a Christian) has slaughtered by mentioning the name or an attribute of Allahu ta'ala in any language, is edible. An animal killed by a polytheist or an apostate should not be eaten. If the person concerned mentions the name of Jesus or says, 'one of the three gods' as he slaughters the animal, the meat should not be eaten. If he holds this belief but does not express it (as he slaughters the animal), the meat becomes edible. It is the expression made during the slaughtering which is important. If a person makes such a (polytheistic) expression in the name of a prayer or thanksgiving or if he intends to worship someone other than Allah, e.g. if he says, 'for the sake of Allah and Muhammad,' what he slaughters cannot be eaten." A disbeliever who believes in a (past) prophet and in his Holy Book, which was interpolated afterwards, is considered (to be one of) the Ahl-i-kitab (people of the book), even if he says that his prophet is a god or 'son of god' or entreats idols. For, words such as 'god', 'idol', 'lord', 'father' are used also in meanings such as 'helper', 'who causes creation,' 'who is loved very much.' If a person mentions Isa (Jesus) 'alaihis-salam' with these names in these meanings, he does not become a polytheist. In this case, his calling him 'one of the three gods' or 'god' is metaphorical, not literal. If he says that 'Jesus Christ creates whatever he likes,' he becomes a Mushrik (polytheist). Most of today's Musawis (Jews), Isawis, Nasranis and Christians are among the Ahl-i-kitab. Because they love Isa 'alaihis-salam' very much, they entreat idols and icons so that they intercede for the creation of their wishes. If the Basmala is omitted on purpose, the meat becomes haram according to Hanafi but halal according to Shafi'i. Although it is permissible to eat the animal slaughtered by a Christian who calls Isa 'alaihis-salam' 'god', you should not have such people slaughter your animals or eat the animals slaughtered by them unless there is a strong necessity to do so. Animals slaughtered by disbelievers without a holy book, e.g. by the Nusayris living in Syria or by Druzis, cannot be eaten. It is not necessary to inquire and find out what kind of a person slaughtered the animal.

It is written in Jawhara: "When Rasulullah (sallallahu alaihi wa sallam) went on hajj he took a hundred camels for qurban. He himself jugulated sixty-three of them and then gave the knife to Hadrat Ali, who jugulated the rest."

The person who performs the qurban can eat the meat himself or he can give it to anyone whether rich or poor or a zimmi. It is mustahab to keep one-third of the meat for the household, to give one-third to the neighbors and one-third to the poor. One may give all the meat to the poor or keep all of it for one's household as well. That it is permissible to give the meat to zimmi disbelievers too is written in Hindiyya and Bahjat-al-fatawa. The skin is given to a poor person who performs his duty of namaz. It is not given to people not known well enough. Or it is used at home. Or it is given in return for something of permanent use. It is not given for something consumable or money. If the skin or meat is sold, the money is given (to the poor) as alms. The person who butchers the animal cannot be given its skin or some of its meat in return for his labor. It is haram to eat seven parts of the qurban or any other (edible) animal: fluid blood, genital organ, testicles, glands, gall- bladder, the female animal's vagina, and urinary bladder.

It is written in Hindiyya, "There are two sorts of Zakat-i-shar'i: optional and indispensable. Optional zakat is the nahr of the camel, (which means to kill it by stabbing it in the pit of the throat), and the zabh of other domestic animals, (which means to jugulate them). Indispensable zakat is the jarh of the animals of hunt, that is, to kill them by wounding them on some part of their body. It is necessary to utter the name of Allahu ta'ala while performing zabh, or throwing the arrow or firing the bullet or sending off the greyhound upon the hunt. It is permissible to utter it in another language even if one knows Arabic. An animal cannot be jugulated with the same takbir that has been uttered for another animal. An animal killed by zakat is canonically clean. If it is an edible animal which is halal to eat, it can be eaten. Otherwise it cannot be eaten. But it can be utilized in some other way."

If a person makes a qurban of his own sheep on someone else's behalf, it is not acceptable, whether the latter has ordered him or not. For, an animal can be killed as the qurban for someone else only if it is his personal property. It is required that the former person present his sheep to the latter, or to the latter's deputy, and the latter, or his deputy, take possession of the sheep, appoint the former his deputy, and then give the sheep back to the former and have him kill it on his behalf. It is permissible to kill someone else's animal as his qurban on his behalf without his knowledge. If one kills someone else's animal as one's own qurban without his permission, it will be acceptable if one pays its value afterwards. If the owner refuses the value and takes the jugulated animal instead, the qurban will have been performed for the owner. It is never permissible to perform the qurban from an animal which one is keeping as an amanat (entrusted for safe-keeping), ariyat (borrowed for using), or hire." If a bullet hits the prey and kills it or the prey is killed with a stone or club, it cannot be eaten. For, it is necessary for the blood to flow.

When buying a qurban one should make one's niyyat as follows: "I intend to buy a qurban which is wajib to sacrifice on the 'Iyd day." One does not have to make the niyyat again while jugulating the animal. Nor does one have to kill the animal which one has bought with that intention. But the value of the animal one is going to kill instead of that animal should not be less. One might as well not make the niyyat at all while buying the animal. But then it is necessary to make the niyyat while killing the animal, or when appointing someone one's deputy. A person who wishes to donate his or her qurban to a charitable society should say, "I appoint you as my deputy to butcher my 'Iyd (or nazr) qurban or have it butchered by someone else you may appoint, and to give its meat and skin to anyone you consider proper." The person in charge (deputy), attaches a number plate to the qurban which is delivered or bought. He keeps a record of both the name of the owner of the qurban and the number of the qurban in a note-book. He appoints the butchers as agents by announcing the names of the owners while the qurbans are sacrificed. He gives the meat to whomever he wishes and the skin is given to a poor person in charge. That poor person, before the value of the skins he is given reaches the level of nisab, gives as a gift all he has to whomever he wishes. And that person sells them, and gives the money thus obtained to whomever he wants. It is permissible for a poor person to sell or give as a gift the skins that are given to him.

If one kills several sheep, all of them become qurban. Or, according to more dependable information, the best one becomes qurban and the others become supererogatory.

If a poor person with property below the amount of nisab intends to kill an animal which is his own property as the qurban, or if he buys an animal during the 'Iyd of Qurban but without the intention of qurban and then intends to kill it as the qurban, or if he buys it with the intention of qurban but before the 'Iyd of Qurban, it is not wajib for him to kill it. If he kills it, it becomes supererogatory; he can eat its meat, and the meat he gives to the poor becomes alms. If a poor person buys an animal with the intention of qurban and within the first three days of the 'Iyd, according to this report, the animal becomes a votive offering (a vow), then it becomes wajib for him to jugulate it within the first three days of the 'Iyd. According to another report, it does not become a vow; it becomes supererogatory. He cannot eat from the meat, nor can people who are not eligible to receive zakat, nor can he let the rich eat from the meat. If he does not kill the animal within these three days, he gives away the living animal or its equivalent as alms after the 'Iyd. It is permissible also to kill the animal and give the meat as alms, but in case the value of the entire meat is less than the value of the living animal, then the difference should be given as alms.

PERFORMING THE AQIQA - Aqiqa means to jugulate an animal with the intention of thanking Allahu ta'ala in return for the blessing of child. When the child is seven days old it is mustahab to name it, to shave its head, to give as alms the hair's weight in gold or silver (only silver if it is a girl), and to kill two animals of an aqiqa for a boy and one for a girl. It is mustahab in Hanafi Madhhab. The animal for aqiqa should be the same as the animal for qurban. It can be killed later too. [It can be killed any time. It can be killed during the 'Iyd of qurban too. It is written in Shir'a that after his prophethood, Rasulullah (sall Allahu 'alaihi wa sallam) performed aqiqa for himself. A baby born dead is not named, nor is the aqiqa performed for him]. The meat can be eaten by the person who has sacrificed the animal and can be given cooked or uncooked to anyone rich or poor. Performing an aqiqa is sunnat-i-muakkada in the Madhhabs of Shafi'i and Maliki. In the Madhhabs of Shafi'i and Hanbali, the bones are not thrown away or broken. They are separated from one another by the joints and then put together. Then they are wrapped up in clean, white cloth, and buried. The bones can be broken in the Madhhabs of Hanafi and Maliki. The aqiqa protects children against calamities and illnesses. It increases the children's intercession for their parents. It is written as follows in the first volume of Mawahib-i- laduniyya: "Ibrahim was born in the eighth year of the Hegira, and on the seventh day Rasulullah had Ibrahim's hair cut, gave as alms the hair's weight in silver, and killed two rams as aqiqa. Then he buried the hair."