from it. A vow does not alter the nature of the vowed object except by making it obligatory. It is distinct from the hady (sacrificial offering) that is obligatory by the origin of the Law (asl al-shar'), from which eating is not permitted; the vowed sacrifice is modeled after it, unlike the [ordinary] sacrifice.

Section: One does not offer a sacrifice on behalf of what is in the womb [of an animal]. This has been narrated from Ibn Umar, and it is the view of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. We know of no one who disagrees with them. A slave, a mudabbar, a mukatab, and an umm al-walad (mother of a child) may not perform a sacrifice except with the permission of their masters, because they are prohibited from disposing of property without their permission, except for the mukatab, as he is prohibited from voluntary acts of charity, and a sacrifice is an act of charity. As for one who is half-free, if he possesses anything by virtue of his free portion, he may perform a sacrifice without his master's permission, because he has the right to donate without his permission.

1768 - Issue: He said: (It is permissible for seven people to participate in sacrificing a camel or a cow).

The general principle is that it is permissible for seven people to participate in the sacrifice of a camel or a cow, whether it is an obligatory sacrifice or a voluntary one, regardless of whether they are all seeking to draw near to Allah, or if some of them desire the act of worship while others desire the meat. This is the view of al-Shafi'i. Malik said: Participation in a hady is not permissible. Abu Hanifa said: It is permissible for those who are seeking to draw near to Allah, but it is not permissible if some of them are not, because the act of slaughter is a single act, and it is not permissible for the intention of worship to be compromised in it. Our evidence is what Jabir narrated, saying: The Messenger of Allah (may Allah bless him and grant him peace) commanded us to participate in camels and cows, each seven of us in one animal. Narrated by Muslim. Our argument against Abu Hanifa is that a portion that is sufficient [for an individual] does not become insufficient due to the partner's desire for something other than worship; thus it is permissible, just as if the types of worship differed, such as if some intended the sacrifice and others intended the kaffarah (expiation).

Section: It is permissible for the participants to divide the meat. The companions of al-Shafi'i forbade this in one opinion, based on the principle that division is a sale, and the sale of the meat of hady and udhiyah (sacrifice) is not permissible. Our position is that the Prophet's (may Allah bless him and grant him peace) command to participate, coupled with the fact that the sunnah of hady and udhiyah includes eating from it, is evidence for the permissibility of division, as none of them would be able to eat from it except after the division; the same applies to charity and gifts. We do not concede that division is a sale; rather, it is the setting apart of a right, as we have mentioned in the chapter on partition.