he may take its compensation (arsh). Then, if its defect prevents its validity, he may not offer it as a sacrifice; otherwise, he may offer it as a sacrifice, and the compensation is his. If he designates it [as an obligatory sacrifice] and then learns that it is defective, the Qadi has stated that he is given a choice between returning it and taking its compensation. If he takes its compensation, its ruling is the same as the ruling regarding the excess over the price of the sacrificial animal, as we have mentioned. It is also possible that the compensation belongs to him, because his designation only applied to the animal without this part for which he took compensation, so the designation did not attach to the compensation nor to its substitute, similar to if he had given it as charity and then taken its compensation. According to the view of Abu al-Khattab, he does not have the right to return it, because his ownership over it ceased upon designating it, similar to if he bought a defective slave and emancipated him, then learned of his defect. This is the school of al-Shafi'i. According to this, it is necessary to take the compensation. Regarding whether the compensation belongs to the purchaser and its obligation in the sacrifice, there are two views. Then we look: if its defect does not prevent its validity, then its designation and the sacrifice of it are valid. If its defect prevents its validity, its ruling is the same as if he had designated it while knowing of its defect, according to what we will mention in its place, God willing.

1755 - Issue: He said: (And if it gives birth, he shall slaughter its offspring with it.)

The summary of this is that if he designates a sacrificial animal, and it gives birth, its offspring is an accessory to it; its ruling is the same as its ruling, whether it was a fetus at the time of the designation or came into existence afterward. This is the opinion of al-Shafi'i. From Abu Hanifa, he does not slaughter it, but hands it over to the poor while alive; and if he slaughters it, he hands it over to them slaughtered, along with the compensation for what the slaughtering diminished it by, because it is part of its growth (nama'), so he is obligated to hand it over to them in its [original] state, like its wool and hair. Our evidence is that the entitlement of its offspring is a ruling that is established for the offspring by way of propagation (siraya) from the mother, so it acquires what the mother acquires, like the child of an umm al-walad (a slave who bore a child to her master) or a mudabbar slave (a slave promised freedom after the master's death). Once this is established, he shall slaughter it just as he slaughters the mother, because it has become a sacrificial animal by way of being an accessory to its mother. It is not permissible to slaughter it before the day of sacrifice (yawm al-nahr), nor to delay it beyond its days, just like its mother. It has been narrated from Ali, may God be pleased with him, that a man asked him, saying: "O Commander of the Faithful, I bought this cow to sacrifice, and it gave birth to this calf?" Ali said: "Do not milk it except for what is surplus to the convenience of its offspring. When the day of sacrifice arrives, slaughter it and its offspring on behalf of seven [people]." Narrated by Sa'id ibn Mansur, from Abu al-Ahwas, from Zuhayr al-'Absi, from al-Mughira ibn Hadhf, from Ali.