Salafi Research Institute SRI
Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
For The Qurbani 10 People Can Have A Share In The Sacrifice Of A Camel And 7 People Can Have A Share In The Sacrifice Of A Cow
[106] From Malik from Abu az-Zubair from Jabir Ibn Abdullah as-Sulami (Radi Allahu Anhu) that he said,”In the year of Hudaibiya (6 AH), we, along with Allah’s Messenger (Sallalahu Alayhi Wa Sallam), sacrificed a camel for seven persons and a cow for seven persons (as a Qurbani).
[GRADING] – [SAHIH]
[REFERENCES] – [MUSLIM]
Al-Muwatta (Yahya’s narration (2/486 hadith no.1068, book 23, chapter 5, hadith no.9), at-Tamhid (12/147), and he said,”This hadith is [Sahih] authentic according to the people of knowledge.” and al-Istidhkar (no.1002)
Transmitted by Muslim (350/1318) from the hadith of Malik and Abu az-Zubair clarified hearing this hadith from Jabir Ibn Abdullah as-Sulami (Radi Allahu Anhu) in Ahmad (3/378 hadith no.15043)
[UNDERSTANDING FROM THE HADITH]
1) Seven people can share the sacrifice of a cow or camel. According to another hadith ten people can share in the sacrifice of a camel. (See Sunan at-Tirmidhi no.1501, and its chain is [Hasan] good, Sunan an-Nasa’i no.4397, Sunan Ibn Maja no.3131)
2) The year of Hudaibiya is the 6th year of Hijri. See at-Tamhid (12/147)
3) The scholars have a difference of opinion in regards to when a dhimmi (non-muslim who lives in a Muslim country and pays the jizyah) has one part of the sacrifice. Some say it is allowed and some say it is not allowed. The most correct view is to not include the dhimmi to have a share in the sacrifice.
4) If there is a person of bid’ah who is included in the sacrifice and their bid’ah does not reach the level of kufr then that sacrifice is allowed. However it is better to only include those who have the correct aqidah in the sacrifice and not to include any person of bidah.
5) All the sacrifice can also be done from one person.
6) If there are only six people who share a part each in the sacrifice of a cow or camel then one of them individuals should take two parts (T.N. as opposed to one so that it becomes a seven part sacrifice). The seventh part should not be distributed among all the six participants because there is no evidence to do this.
7) If a person can not go to the scared sanctuary (T.N. Makkah) due to a Sharia compliant excuse then it is allowed to sacrifice on behalf of him which is external to the sacred sanctuary. However it is better for him to carry out the sacrifice in the boundary of the sacred sanctuary.
8) Sacrificing one goat on behalf of one household is enough. See Sunan at-Tirmidhi (no.1505, and its chain is [Hasan] good and he said, “[Hasan Sahih]“
Abu Ayub al-Ansari (Radi Allahu Anhu) said that we used to sacrifice one goat on behalf of the whole household. (al-Muwatta 2/486 hadith no.1069, and its chain is [Sahih] authentic, and Sunan al-Kubra of al-Bayhaqi 9/268)
By performing qiyas on the above, having one share in the sacrifice of a cow from the whole household is enough. Allah knows best.
9) Performing sacrifice anytime other than during Hajj is a Sunnah and it is not obligatory.
See al-Muwatta (2/487, Malik said,”The sacrifice is Sunnah, and it is not obligatory. I prefer that anyone who has the price of the animal should not abandon it.”
10) There is an Ijma that the ruling of a Buffalo is the same as a cow because the Buffalo is a type of cow. See the book of Ijma of Ibn al-Mundhir (no.91). However from other evidences and as a precautionary measure it is better to not have it as a sacrificial animal. And Allah knows best.
