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The Wujoob of Qurbani

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CONDITIONS FOR THE WUJOOB (OBLIGATION) OF QURBANI

THE following are conditions which make qurbani wajib:

1. ISLAM.

Qurbani is wajib upon muslims only, not upon non-Muslims.

2. IQAMAT.

This means being a MUQEEM(non-traveller). Qurbani is therefore not wajib upon a MUSAAFIR (traveller) - one who has undertaken a journey of 48 miles or more, and intends staying in one place for less than 15 days.

3. BULOOG. This means puberty. Hence qurbani is not wajib on a minor, a child who has not yet reached the age of puberty, even if he/she is in possession of wealth.

4. FINANCIAL MEANS.

This refers to the nisaab of sadaqatul-fitr. Being in possession of this amount makes qurbani wajib.

IF THESE CONDITIONS ARE COLLECTIVELY FOUND AT ANY TIME DURING THE THREE DAY QURBANI PERIOD, ONE WILL BE BOUND BY THE SHARIAH TO OFFER QURBANI.

LAWS REGARDING THE CONDITIONS OF QURBANI

1. If a non-Muslim accepts Islam at any time during the qurbani period, and he or she is in possession of the nisaab, qurbani will become wajib upon that new muslim. The minor who becomes balig during the qurbani period and is in possession of the nisaab, also has to offer qurbani.

2. If a musaafir becomes a muqeem (by either returning home or deciding to stay at one place for 15 days or more) during the qurbani period, the qurbani will become wajib upon such a person.

3. If one upon whom Qurbani was wajib had bought an animal for this purpose, but then decides to go on a Shar'ee journey (48 miles or more), it will NOT be necessary for that person to offer qurbani, unless he/she becomes a muqeem again during the qurbani days. In this case once qurbani is not compulsory, the animal that was purchased for qurbani could be used for any other purpose.

However, one upon whom qurbani was NOT WAJIB (e.g. a poor person) will HAVE to sacrifice the animal purchased for qurbani, even if he/she becomes a musaafir. By buying an animal for qurbani that person has made it wajib upon himself.

4. It is not wajib upon the father to make qurbani on behalf of his minor children, even if they are in possession of the nisaab. It will be sinful for the father to use the money of his minor children for qurbani. If the parent/guardian wishes to make nafl qurbani for minor children, they should do so out of their own expense.

5. If the nisaab of zakaat is found at any time during the days of qurbani, it will be wajib to make the sacrifice. The nisaab could be ascertained yearly from the local Ulema.

6. People residing on farms or in villages, where Eid Salah is not performed, must also make qurbani if the conditions are found.

7. It is not wajib upon the husband to make qurbani on behalf of his wife. If a woman is by the means to offer qurbani (i.e. the conditions are found in her as explained above) then she should do so from her own wealth. However, if the husband agrees to do it on her behalf, with her consent then this is in order.

8. Qurbani is not wajib upon an insane person.

9. If the person upon whom qurbani was wajib dies during the days of qurbani BEFORE offering his sacrifice, such a person is exempt from qurbani. It is no longer wajib upon him. But if he dies just prior to the expiry of the qurbani period, he is not exempted from qurbani. It remains wajib and such a person would have had to make a wasiyyat instructing the heirs to do the qurbani on his behalf.

THE QURBANI PERIOD

1. Qurbani may only be done during the days of Nahr. NAHR actually means the sacrificing of a camel. But this term is generally used for the three days of qurbani, viz:

10, 11, & 12 ZHUL-HIJJA.

2. The qurbani period starts from subuh sadiq (dawn) on the 10th Zhul-Hijja and ends at sunset on the 12th. Qurbani is allowed at any time during this period, including the nights of the 10th and 11th, but not the night of the 12th.

3. People living in towns or cities, where Eid Salah is performed may not do their qurbani until after the Eid Salah.

But those staying in rural areas (farms, etc.) may begin their sacrifices at the break of dawn on Eid day, even if they intend coming into the city for Eid Salah later on.

4. It is proper for a city-dweller to delegate someone living in the countryside or rural area to perform his (the city-dweller's) qurbani in that rural area BEFORE Eid Salah.

The place where the animal is sacrificed should always be considered to determine whether qurbani is permissible before Eid Salah or not. If the animal is being slaughtered in a rural area, that qurbani is jaiz before Eid Salah. And if it is being cut in the city then the qurbani is only jaiz after Eid Salah.

Hence, one living in the countryside cannot send his animal into the city to have the qurbani done there before Eid Salah.

On the same principle, if one's qurbani is being offered in another city or country, the Eid Salah of that area will be considered.

5. From the above it is clear that if one (male or female) living in the city made qurbani before Eid Salah, it is not valid and will have to be repeated. The animal thus slaughtered will be halaal, but will not be counted as qurbani.

6. If Eid Salah is conducted at several places in one city, it will be jaiz to commence qurbani after the first Eid Salah, even though the sacrificer has not yet read his Salah.

7. Those people who are exempted from the Eid Salah, such as women, minors, the lame or sick, must also wait for the completion of the Eid Salah before they can begin sacrificing.

8. If after Eid Salah and qurbani it was discovered that for some reason the Eid Salah was not valid (e.g. Imam had no wuzu, or a faraz was omitted) then the Salah will have to be repeated, but the qurbani made by people will be valid. There is no need to repeat the qurbani.

9. If the need to repeat Eid Salah was realised at the Eidgah before the dispersing of the crowd then the Salah will be repeated then and there, in jamaat form. In this case no one is allowed to offer qurbani until the Eid Salah has been re-read.

10. Slaughtering at night is valid, but makrooh tanzeehi (better not to do so).

11. If an animal was earmarked for qurbani and was then mistakenly sacrificed before the period of qurbani, it will not be jaiz to eat its meat. The whole animal must be distributed among the poor.

If qurbani was initially wajib upon the owner then another animal should be bought and sacrificed when the qurbani period enters.

QAZA OF QURBANI

1. After having bought an animal for qurbani, if the days of Nahr passed by without offering that animal in sacrifice, it will be wajib to now give the LIVE animal away to the poor.

If this animal is sold and the money given out in sadaqa then this is also proper.

NOTE: Istighfaar (repentance from sin) should be made when failing to fulfil qurbani.

2. If the animal was given in charity alive before the expiry of the days of Nahr, another one should be sacrificed in its place.

AS LONG AS THE QURBANI PERIOD REMAINS, THE ANIMAL MUST BE SACRIFICED. By giving the live animal away to poor one is not absolved of the obligation.

3. In the above case, should anyone fail to purchase another animal before expiry of the qurbani period then the price of an animal must be given in charity.

4. If after the qurbani period the animal which was supposed to have been given in sadaqa, is slaughtered then its meat and every other part must go to the poor.

5. In the above case it is HARAAM for the owner to eat of that animal since it is no longer qurbani but sadaqa, which is the due of the poor. If some meat was eaten or given to relatives (whom are not poor) then the value of that meat,etc. in cash must go to the poor.

6. One who did not make qurbani for several years should give sadaqa of the price of one animal for each year missed.

The current price of animals will be considered when making up for qurbani of past years.

TYPES OF ANIMALS ALLOWED IN QURBANI

It is permissible to slaughter for Qurbani the following:

GOATS, SHEEP (EWES OR RAMS), OXEN (COWS OR BULLS), BUFFALOES, CAMELS.

All species of the above animals, of whichever gender, are permitted for sacrifice. Besides these no other type of animal may be offered for Qurbani purposes.

THE AGE OF THE QURBANI ANIMAL:

A goat or sheep must be exactly one year of age or more.

A cow or bull should be 2 years or older, and a camel should be five years or more. If an animal is even one day under the age limit, qurbani of that animal is not permitted.

Qurbani of a sheep that is about 6 months, but so fat and healthy that it resembles a normal one year old sheep, is also allowed.

DEFECTS IN THE QURBANI ANIMAL

1. The following animals are not allowed for qurbani:

a. An animal blind in one or both eyes.

b. An animal without ears from birth.

c. An animal with a third or more of the ear or tail missing.

d. A lame animal which walks with only three legs, the fourth being totally useless.

e. An animal without teeth, or which has lost most of its teeth.

f. An animal the horns of which have broken off from the roots.

g. Such an emaciated animal the bones of which protrude from the skin.

h. A cow with more than one udder missing.

2. If an animal limps but supports itself on the lame leg to a certain extent, it can be offered in qurbani.

However, if it does not use the lame leg at all when walking, qurbani of it will not be jaiz, as stated in 'd' above.

3. Lean, thin animals are permitted in qurbani as long as they are not so emaciated as mentioned in 'g' above.

It is, however, much more rewarding to sacrifice healthy animals.

4. It is permissible to make qurbani of animals born without horns. Similarly, if part of the horns had broken off, qurbani is still allowed as long as they are not completely uprooted.

5. Qurbani of castrated animals is also permissible, in fact this is more rewarding.

6. An animal with scabies is also allowed in qurbani. But if due to the disease the animal has become extremely thin and weak, qurbani of it will not be permissible.

7. If after purchasing an animal for qurbani such a fault developed in that animal which rendered it unfit for qurbani then for one upon whom qurbani was wajib from the very outset, it is incumbent to acquire another animal in its place. The defective animal can no longer be offered in qurbani.

For one upon whom qurbani was not wajib from the beginning, it will be permissible to sacrifice that same, defective animal.

8. If a defect occurs in the animal while slaughtering, this will not affect the qurbani. One should continue with the slaughtering.

9. Qurbani of a cow with only one udder missing is permitted.

10. It is permissible to sacrifice a pregnant animal. However if the pregnancy is in an advanced stage then qurbani of such an animal will be makrooh. After sacrifice the babe should be removed from the dead animal. If it is still alive, it must also be sacrificed and the meat given to the poor. Such an animal cannot be eaten. If it is dead, it should be buried. To eat it is haraam.