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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 387Section

Translation · EN

Imam Ahmad [narrated it] with his chain of narration (13). He said: This hadith is strange. He also said: The days of Adha (sacrifice) upon which there is consensus are three days. Our view is that the Prophet (peace and blessings of Allah be upon him) prohibited storing the meat of the sacrificial animals beyond three [days] (14). It is not permissible to slaughter at a time when it is not permissible to store the sacrificial animal [for consumption] until then. Furthermore, the fourth day is not a day on which throwing the pebbles (Ramy) is obligatory, so sacrifice is not permissible on it, just as it is not for the time after it. It is also the view of those we named among the Companions, and there is no opponent to them except for one narration from Ali, and a view similar to our school has been narrated from him as well. Their hadith is merely: "All of Mina is a place of slaughter." It contains no mention of the days, and the takbir (saying Allahu Akbar) is more general than the slaughter, as is the case with breaking the fast, as evidenced by the first day of sacrifice; and the Day of Arafah is a day of takbir, yet slaughter is not permissible on it.

The third [point regarding] the time of slaughter is that it is daytime, not nighttime. Ahmad explicitly stated this in a narration by al-Athram, and it is the view of Malik. It was narrated from Ata that which indicates this. Another narration was reported from Ahmad that slaughter is permissible at night, which is the choice of our later scholars and the view of al-Shafi'i, Ishaq, Abu Hanifah, and his companions, because the night is a time in which stoning the pillars is valid, so it resembles the daytime. The reasoning for the view of al-Khiraqi is the statement of Allah the Almighty: "And mention the name of Allah during known days over what He has provided for them of [sacrificial] animals" (15). It was narrated from the Prophet (peace and blessings of Allah be upon him) that he prohibited slaughtering at night (16). Also, because it is the night of a day in which slaughter is permissible, it resembles the night of the Day of Sacrifice. Furthermore, because it is usually difficult to distribute the meat at night, so it cannot be distributed fresh, thus part of the objective is missed; that is why they said: slaughtering at night is disliked (makruh). Based on this, if one slaughters at night, it does not suffice for the obligatory sacrifice, and if it was a voluntary one and he slaughtered it, it would be a sheep for meat and not a sacrifice. If he distributed it, the act of worship is fulfilled through its distribution, not through its slaughter.

Section: If the time for slaughter passes, he shall slaughter the obligatory [sacrifice] as a make-up (qada'), and he shall do with it what one does with an animal slaughtered in its time. He has the choice in the case of a voluntary one. If he distributes its meat, the act of worship is attained by that, not by the slaughter; because it is a sheep

Notes

(13) Narrated by al-Bukhari, in: Chapter on the Prophet's (peace and blessings of Allah be upon him) sacrifice with two rams..., from the Book of Sacrifices. Sahih al-Bukhari 7/130. (14) Previously cited, in: 5/300. (15) Surah al-Hajj: 28. In the manuscripts, there is a mistake: {li-yadhkuru}. (16) The author of Majma' al-Zawa'id attributed it to al-Tabarani in: al-Kabir. Majma' al-Zawa'id 4/23. (17) In [M]: "was".

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