Q: What is the Shar’ee ruling in the situation where a person living in one country wishes to perform his qurbaani in another country? The days of qurbaani commence one day earlier in the country where he wishes to perform qurbaani compared to the country in which he is living. In this case, if his animal is slaughtered on the first day of Eid in the country where he wishes to perform his qurbaani, will his qurbaani be valid, bearing in mind that the days of Eid have not yet commenced in his country?
A: At the onset, it should be borne in mind that the Ulama have not found this mas’alah in the classical books of Fiqh. It is for this reason that the Ulama refer to the Usool of Fiqh in trying to find the answer to this mas’alah.
Furthermore, when certain juz’iyyaat of the Fuqahaa are viewed, then we find that there are different rulings recorded, based on the difference in regard to the position of Udhiyyah (whether it is a maali ibaadat, badani ibaadat or a combination of both, and whether it is based on qudrat-e-muyassirah or qudrat-e-mumakkinah).
It is for this reason that we find in certain masaa’il, there are two opinions reported by different Fuqahaa. In regard to such situations, it is not correct for one to quote any statement of the Fuqahaa out of context without first understanding the underlying principle that governs the mas’alah.
Below, we will endeavor to explain certain masaa’il of Fiqh which have a bearing on the mas’alah under discussion as well as the usools that govern the various masaa’il.
The Two Views of the Ulama
In regard to the mas’alah under discussion, there is a difference of opinion among the Ulama. Some Ulama regard the qurbaani to be valid, while other Ulama hold the view that the qurbaani will be invalid.
Below we will first mention the names of the various Ulama who subscribe to each view, and we will thereafter present the proofs of each group.
The following Ulama subscribe to the view that the qurbaani will not be valid:
1. Mufti Muhammed Taqi Uthmaani (daamat barakaatuhu)
2. Mufti Ahmed Khaanpuri (daamat barakaatuhu)
The following Ulama subscribe to the view that the qurbaani will be valid:
1. Mufti Abdur Raheem Laajpuri (rahimahullah)
2. Mufti Radha ul Haq (daamat barakaatuhu)
3. Mufti Rasheed Ahmed Fareedi (daamat barakaatuhu)
Proofs of the First Group
The Ulama who claim that the qurbaani will not be valid primarily present two proofs in support of their view:
1) The principle of Shari’ah which applies to all ibaadaat (obligations) is that the wujoob of the ibaadat is linked to the sabab-e-wujoob. If one carries out any ibaadat before the sabab-e-wujoob is found, the obligation will not be fulfilled.
Consider the example of salaah. The sabab-e-wujoob for the salaah becoming compulsory is the time of the salaah entering. If the salaah is performed before the time enters, the salaah will not be valid and will have to be repeated after the time enters.
Similar is the case of zakaat. The sabab-e-wujoob for zakaat becoming compulsory is the possessing of zakaatable wealth which equals the nisaab. If one discharges wealth with the intention of zakaat before one acquires zakaatable wealth which equals the nisaab, the discharged amount will not be regarded as zakaat.
This principle is general and applies to all deeni obligations e.g. salaah, fasting, zakaat, hajj, etc. When this principle is general, it should also apply to the obligation of qurbaani. As far as qurbaani is concerned, the sabab-e-wujoob is the days of qurbaani. Hence, only when the days of qurbaani enter will the qurbaani become obligatory on a person.
If the qurbaani is carried out before qurbaani becomes compulsory upon a person (i.e. before the days of Eid enter), the animal sacrificed will not suffice for qurbaani on account of the fact that it was discharged before the obligation became compulsory.
Accordingly, in the case were one’s qurbaani is done on his behalf in another country, then even though the days of Eid have entered in that country and the qurbaani of the people living there is valid, his qurbaani will not be valid, as the sabab-e-wujoob is not yet found in regard to him.
In essence, the place where one is living will be considered in determining the sabab-e-wujoob for him and the people of that land.
Another example to illustrate this principle is the fajr salaah. The fajr salaah becomes obligatory once the time of subah saadiq enters. If a person performs fajr salaah before the time of subah saadiq enters, his salaah will not be valid, even though the salaah of other people living in a place where subah saadiq has entered will be valid.
From the Fuqahaa, the author of Ad-Durrul Mukhtaar, the author of Badaa’i-us-Sanaa’i and Allaamah Shaami (rahimahullah) have mentioned that the sabab-e-wujoob of qurbaani is the days of qurbaani.
2) The second proof of those who regard the qurbaani to be invalid is that the muwakkil (the one instructing someone to carry out his qurbaani) must be able to carry out qurbaani in order for the wakeel (the one appointed to carry out the qurbaani) to represent him. If the muwakkil is unable to carry out his own qurbaani and fulfill his obligation, how is it possible for him to instruct someone else to represent him in fulfilling his obligation?
Proofs of the Second Group
The Ulama who claim that the qurbaani will be valid present the following proofs:
1) It is an accepted fact that every obligation will only be fulfilled after the sabab-e-wujoob is found. In the mas’alah of salaah, the sabab-e-wujoob is the time of the salaah. Hence, the salaah can only be performed after the time of the salaah sets in.
In the mas’alah of zakaat, the sabab-e-wujoob is possessing the nisaab and hawalaan-e-hawl (passing of one complete year) is the shart of wujoob-e-adaa. Hence, zakaat can only be discharged after one possesses the nisaab amount.
In the mas’alah of fasting, the sabab-e-wujoob is the commencement of the month of Ramadhaan (or the commencement of the fast according to the different opinions of the Fuqahaa).
As far as the mas’alah of qurbaani is concerned, the sabab-e-wujoob is not the days of qurbaani (as is the view of the first group of Ulamaa). Rather, it is becoming the owner of nisaab.
In other words, the obligation of qurbaani becomes compulsory upon a person from the time he possesses wealth that equals the nisaab (even though he will only be able to fulfil the obligation of qurbaani during the days of qurbaani).
Hence, in the situation where his animal is slaughtered in another country where the days of Eid have commenced, then since qurbaani has become compulsory upon him through him possessing the nisaab, the qurbaani will be valid, even though the days of Eid have not yet commenced in his country.
As for the argument that the wakeel can only represent the muwakkil in the case where the muwakkil is able to perform his own qurbaani, and since in this case, the muwakkil cannot perform his own qurbaani (as the days of qurbaani have not yet commenced in his country), the wakeel cannot represent him and carry out his qurbaani, then this argument is not correct.
The reason is that there is a situation where the muwakkil cannot carry out his qurbaani, yet the qurbaani of the wakeel on his behalf will be valid. Hence, this situation disproves the principle.
The situation is as follows: A person living in the city who wishes to perform his qurbaani before the Eid Salaah is not allowed to do so. He has to wait till the Eid salaah is performed. However, if he sends his qurbaani to the village to be slaughtered immediately after subah saadiq, it is permissible and the qurbaani will be valid on his behalf, even though he cannot perform the qurbaani himself due to being in the city.
Explanation of the Mas’alah
According to the Ulama who subscribe to the first view, the reason for the qurbaani being valid in the above situation is that the day of qurbaani has entered in both places and qurbaani has become compulsory upon the muwakkil. It is just that due to him living in the city, he is commanded to delay his qurbaani until the Eid salaah is performed. However, since there is no Eid salaah performed in the village, the wakeel does not have to wait. Therefore, the wakeel can represent the muwakkil in slaughtering his animal.
The Ulama who subscribe to the second view explain that just as you regard the qurbaani of the wakeel on behalf of the muwakkil to be valid based on the fact that the qurbaani is taking place after the sabab-e-wujoob is found, similarly we say that the sabab-e-wujoob is the possessing of nisaab, and this sabab is found for the muwakkil before the days of Eid commence in his country. However, the day of Eid is the shart (condition) for the Qurbaani to be valid.
Therefore, just as you regard the qurbaani to be valid in the town only after the Eid salaah, since the Eid salaah is a shart (condition) for the qurbaani to be valid, we regard the day of Qurbaani to be a shart (condition) for the Qurbaani to be valid. Hence, once the muwakkil has the nisaab, the qurbaani has become compulsory upon him and the wakeel can slaughter on his behalf in the wakeel’s country during the days of qurbaani just as the person living in the village can slaughter on behalf of the person living in the town.
Examining Both Views
From the above discussion, we understand that the first view proves the obligation of qurbaani to only be established during the days of qurbaani. Prior to the days of qurbaani, the obligation is not found. Hence, one will have to wait for the days of qurbaani to enter in the place where he resides in order for qurbaani to be compulsory upon him.
However, when we closely examine the fiqhi masaa’il, we notice that there are various masaa’il which prove that there are certain ahkaam relating to qurbaani which apply even before the days of qurbaani enter. This proves that the sabab-e-wujoob is found prior to the days of qurbaani. Some of these masaa’il are:
1) The mas’alah of a poor person purchasing an animal with the niyyat of qurbaani:
Through merely purchasing the animal, the animal is specified for qurbaani. This law applies even before the days of qurbaani and it is confined to the law of qurbaani. If a poor person purchases a chicken with the intention of slaughtering it or giving it in charity, no laws apply to such a purchase with this intention.
2) The mas’alah of a wealthy person purchasing a big animal for qurbaani and thereafter selling some shares to people:
It is makrooh for him to do so as his intention at the time of purchase was to slaughter the entire animal for his qurbaani. However, if he intended at the time of purchase to sell the shares and slaughter the animal for his qurbaani, it will not be makrooh for him to sell the shares.
As for a poor person, it is not permissible for him to sell the shares in both cases (whether he intended to sell the shares at the time of the purchase or afterwards), as the entire animal became specified for his qurbaani by him merely purchasing the animal. This law applies even before the days of qurbaani enter.
3) The mas’alah of a poor person who purchased an animal for qurbaani, and then lost the animal and thereafter purchased another animal for qurbaani:
If he finds the first animal, he will have to slaughter both animals for qurbaani. As for a wealthy person, if he loses the first animal and purchases another animal and thereafter finds the first animal, he is only commanded to slaughter the first animal.
However, if he wishes to slaughter the second animal, then the value of the second animal will be viewed. If it is equal in value to the first animal or it is more valuable, he will not have to pay any amount in charity.
Conversely, if its value is less than the value of the first animal, he will have to give the difference in value in charity. This law applies even before the days of qurbaani.
4) Qurbaani animal giving birth before the days of qurbaani enter:
If a person purchases an animal for qurbaani and the animal gives birth before the days of qurbaani enter, then the new-born animal will also have to be slaughtered for qurbaani.
All the above masaa’il indicate that the sabab-e-wujoob is found before the days of qurbaani. It is for this reason that the laws of qurbaani are coming into effect. Therefore, according to our understanding, the second view seems to be the correct view.
Can Possessing Nisaab be the Sabab-e-Wujoob of Qurbaani?
The Ulama who subscribe to the second view (i.e. the view of qurbaani being valid if carried out on behalf of a person in another country when the days of qurbaani have not yet entered in his country) explain that the sabab-e-wujoob is possessing the nisaab.
However, after closely examining this aspect, even though we consider this view to be the correct view from the two views mentioned, we disagree that possessing the nisaab is the sabab-e-wujoob of qurbaani.
We have examined the classical works of the Fuqahaa to see whether the Fuqahaa state that possessing nisaab is the sabab-e-wujoob of qurbaani. However, despite extensively researching the books, we did not come across any statement of the Fuqahaa mentioning that the sabab-e-wujoob of qurbaani is possessing the nisaab. Instead, the statements of the Fuqahaa prove that possessing the nisaab is from among the sharaait-e-wujoob of qurbaani.
Apart from this, another reason for us disagreeing with this is that by basing the sabab-e-wujoob on possessing the nisaab amount, qurbaani will be linked to qudrat-e-muyassirah and will be resembled to zakaat, as the wujoob of zakaat is also based on possessing nisaab. Outwardly, both will be the same.
In the case of zakaat, when one possesses the nisaab amount, zakaat becomes compulsory upon him, even though he is only commanded to discharge the zakaat after hawalaan-e-howl (the passing of one year) is found. Similar is the case of qurbaani. When one acquires the nisaab amount, qurbaani becomes waajib upon him, though he is commanded to slaughter the animal and fulfill the obligation later on during the days of Eid.
Now that we find the second group comparing qurbaani to zakaat due to both being from the category of ibaadat-e-maaliyyah, we will have to analyse whether it can be compared to zakaat. However, on examining both, we realise that it cannot be compared to zakaat, as there is a difference between both in their laws. Below we will view the difference between them:
The Difference between Zakaat and Qurbaani
Zakaat is based upon qudrat-e-muyassirah. The result of this is that if the nisaab gets destroyed without one’s doing, the zakaat will fall off. However, this is not the case with qurbaani. If one did not carry out the qurbaani, and after the days of qurbaani, the nisaab gets destroyed, the qurbaani will not fall off. From this, we understand that the basis of qurbaani is not qudrat-e-muyassirah, but is rather qudrat-e-mumakkinah. Therefore, the sabab-e-wujoob of qurbaani cannot be the possessing of nisaab, as possessing the nisaab is qudrat-e-muyassirah.
Some Ulama compare qurbaani to sadaqatul fitr. Just as sadaqul fitr is based on possessing nisaab and it becomes waajib on the day of Eid, similarly qurbaani is based on possessing nisaab and is discharged during the days of Eid. This apparently establishes the fact that the sabab-e-wujoob of qurbaani is possessing the nisaab.
However, this comparison is incorrect. The reason for the comparison being incorrect is that the sabab-e-wujoob of sadaqul fitr is رأس (the person) and not possessing nisaab.
Therefore, the correct opinion is that qurbaani is a combination of ibaadat-e-maaliyyah and ibaadat-e-badaniyyah and it is based on qudrat-e-mumakkinah. Based on this, even if the days of qurbaani pass, one will still have to make qadha of the missed qurbaani since the wujoob is based on qudrat-e-mumakkinah and not qudrat-e-muyassirah.
What is the Sabab-e-Wujoob of Qurbaani?
This brings us to the main part of the discussion: If we do agree that the qurbaani is valid when slaughtered in another country on behalf of a person living in a country where the days of Eid have not yet commenced, and the qurbaani will only be valid if the sabab-e-wujoob is found, and we proved that the sabab-e-wujoob is neither the days of qurbaani nor possessing nisaab, then what is the sabab-e-wujoob?
The answer is that the sabab-e-wujoob of qurbaani is رأس, just as the sabab-e-wujoob of sadaqatul fitr is رأس. This is the view of the author of Fataawa Taataarkhaaniyyah, Allaamah Fareeduddeen Aalim Ibnul Alaa’ (rahimahullah).
Similarly, when one views the various masaa’il of qurbaani, one understands that according to the mutaqaddimeen, this was the sabab-e-wujoob of qurbaani. This can be understood from the various masaa’il mentioned by Imaam Qudoori, Imaam Tahaawi, Imaam Abu Bakr Al-Jassaas, and even Imaam Abu Hanifah and his students, Imaam Abu Yusuf, Imaam Muhammad, Imaam Hasan bin Ziyaad (rahimahumullah), etc. as can be understood from certain masaa’il. (We will mention these masaa’il which indicate towards this later on.)
N.B. We have not come across any of the mutaqddimeen mentioning “possessing nisaab” to be the sabab-e-wujoob of qurbaani. Rather, they mention “possessing nisaab” to be among the sharaa’it-e-wujoob of qurbaani.
The Difference between Sadaqatul Fitr and Qurbaani
It should be borne in mind that there is a difference between sadaqatul fitr and qurbaani in certain respects. Sadaqatul fitr is purely a maali ibaadat whereas qurbaani is a combination of ibaadat-e-maaliyyah and ibaadat-e-badaniyyah and both (sadaqatul fitr and qurbaani) are based on qudrat-e-mumakkinah.
Based on this, even if the days of qurbaani pass, one will still have to make qadha of his missed qurbaani, since the wujoob is based on qudrat-e-mumakkinah.
Similar is the ruling of sadaqatul fitr. Had sadaqatul fitr and qurbaani been based on nisaab, then through the nisaab getting destroyed, the obligation of both would have fallen away, as is the case of zakaat.
Another difference between sadaqatul fitr and qurbaani is that sadaqatul fitr can be given at any time of the year, whereas qurbaani has to be carried out during the days of qurbaani. The reason for the difference is that sadaqatul fitr is only a maali ibaadat, whereas qurbaani is a combination of both maali and badani ibaadat.
The proof of this is that one is not just giving wealth to the poor, but is rather purchasing an animal with his wealth and thereafter slaughtering it for Allah Ta'ala. For this reason, we find the Fuqahaa explaining that if a person wishes to do a nafl or waajib qurbaani on behalf of someone else with his own animal, it will not suffice, even though he takes permission from the person.
Instead, he will have to gift his animal to the person and allow him to take qabzah (possession) of it, or sell the animal to him, and thereafter carry out the qurbaani on his behalf. If he does not make the person the owner of the animal through hibah or bay’ (gifting or through sale), the qurbaani will take place on behalf of himself and the waajib qurbaani of the person will not take place.
Below we present the fatwa of Hazrat Mufti Mahmood Saheb (rahimahullah) regarding this maslah:
دوسرے کی طرف سے قربانی کرنا
سوال - کیا غائب کی طرف سے کوئی شخص قربانی کر سکتا ہے، بغیر اس کی اجازت کے، عالمگیری ج۵ /ص ۴۵۸ باب الأضحية عن الغير میں ہے"إذا ضح شاة من غير بأمر ذلك الغير أو بغیر أمره لاتجوز" اس کا کیا مطلب ہے ؟ اس سے معلوم ہوتا ہے کہ غائب کی طرف سے قربانی اس کے حکم سے بھی جائز نہیں ، حالانکہ آپ حضرات کا عمل بھی اس کے خلاف ہے، اس کا صحیح مطلب تحریر فرما دیں؟
الجواب حامد او مصلياً
قربانی کا جانور غائب کی ملک ہو اس کی طرف سے اس کی قربانی اس کے امر سے بلاتر دد درست ہے، بغیر امر کے بھی استحسانا درست ہے، چنانچہ عالمگیریہ کے اس باب میں مذکور ہے ولو ذبح أضحية غيره عن المالك بغير أمره صريحا يقع عن المالك ولا ضمان على الذابح استحسانا وبواسطة رجل ذبح أضحية غيره عن نفسه بغير أمره فإن ضمنه المالك قيمتها يجوز عن الذابح دون المالك لأنه ظهر أن الإراقة حصلت على ملكه وإن أخذها مذبوحة تجزئ عن المالك لأنه قد نواها فليس يضره ذبح غيره لها كذا في محيط السرخسي ه. لیکن اگر کوئی شخص اپنا جانور کسی دوسرے کی طرف سے قربانی کر دے بغیر حصول ملک بذریعہ ہبہ وبیع وغیرہ تو اس سے قربانی اس کی ادا نہیں ہوگی یہی محمل ہے، عبارت منقولہ فی السوال کا پوری عبارت پر غور کیجئے ، ذكر فتاوی أبي اللیث اإذا أضحى بشاة نفسه (سوال میں "نفسه" کا لفظ نقل نہیں کیا گیا ) عن غیره بأمر ذلک الغير أو بغير أمره لا تجوز اس کی علت خود بیان کرتے ہیں لانه لا يمكن تجويز التضحية عن الغير إلا بإثبات الملك لذلك الغير في الشاة ولن يثبت الملك له في الشاة إلا بالقبض ولم يوجد قبض الآمر ههنا لا بنفسه ولا بنائبه كذا في الذخيرة
مدرسہ میں جو شخص قربانی کے لئے قیمت بھیجتا ہے ، کارکنان مدرسہ اس کی طرف سے وکیل اور نائب ہو کر جانور خریدتے اور قبضہ کرتے ہیں، جس سے وہ جانور اس کی ملک میں آجاتا ہے، پھر اس کی قربانی کر دی جاتی ہے، اس میں کوئی اشکال نہیں۔
یہ تفصیل اس کی قربانی میں ہے جس پر قربانی واجب ہے، اگر محض ثواب پہنچانا مقصود ہو تو ہر شخص اپنا جانور قربان کر کے جس کو چاہے ثواب پہنچا سکتا ہے، چنانچہ حضور صلی اللہ علیہ وسلم نے مینڈھوں کی قربانی فرمائی ، ایک کی اپنی طرف سے، ایک کی پوری امت کی طرف سے ۔
فقط واللہ سبحانہ تعالی اعلم
حرره العبد محمود غفرلہ معین مفتی مدرسہ مظاہر علوم سہارنپور ۸/۳/۸ ۶ ه
الجواب صحیح: سعید احمد غفرلہ مفتی مدرسہ مظاہر علوم سہارنپور ۸/۳/۸ ۶ ه
Even in the case of the nafl qurbaani, the qurbaani will take place on behalf of himself after which he may convey the reward of the qurbaani to the person if he wishes. The nafl qurbaani itself will not take place on behalf of the person, as the person did not become the owner of the animal.
This proves that qurbaani is not just a maali ibaadat, but a combination of maali and badani. It resembles sadaqatul fitr in some respects and it resembles badani ibaadaat such as salaah, fasting, and hajj in other respects (e.g. qurbaani has to performed at a certain time just as these badani ibaadaat have to be performed at a certain time) . Therefore, there is a slight difference in the law between sadaqatul fitr and qurbaani despite both relating to رأس.
In fact, from all ibaadaat, qurbaani resembles hajj the most. The sabab-e-wujoob of hajj takes place once the months of hajj set in, but one is unable to carry out the hajj at that time. One can only carry out the obligation of hajj during the five days of hajj. Similar is the case of qurbaani. The sabab-e-wujoob is found before the days of qurbaani, but one is only able to carry out the qurbaani once the days of qurbaani enter.
Proof of the Sabab-e-Wujoob in Qurbaani being رأس
There are many masaa’il in fiqh which indicate that the sabab-e-wujoob in qurbaani is رأس, not the days of qurbaani or possessing nisaab. Some of these masaa’il are:
1. The mas’alah of a poor person purchasing an animal with the niyyat of qurbaani:
Through a poor person merely purchasing the animal, the animal is specified for qurbaani. This law applies even before the days of qurbaani enter and it is confined to the law of qurbaani. If a poor person purchases a chicken with the intention of slaughtering it or giving it in charity, no laws apply to such a purchase with this intention.
It should be remembered that in the case of a poor person who purchases an animal for qurbaani, the animal becomes specified and the obligation of qurbaani is also linked to his رأس. However, since shari’ah has not made it compulsory upon him, but rather he has made it compulsory upon himself, if the animal gets destroyed before the days of qurbaani, he will not have to slaughter another animal. If the animal remains till the days of qurbaani and he slaughters the animal for qurbaani, he will be absolved of the obligation of qurbaani.
If he acquires wealth which equals nisaab, then according to the preferred opinion in the Hanafi mazhab, he will not have to slaughter another animal as the wujoob was also linked to his رأس. Had the wujoob only been linked to the animal, he would have been obligated in shari’ah to slaughter another animal. However, since the obligation is also linked to رأس and رأس was found, shari’ah has regarded him absolved of the obligation of qurbaani.
Nevertheless, since the author of Badaa’i-us-Sanaa’i regards the sabab-e-wujoob in qurbaani to be the days of qurbaani and not رأس, and in the case of a poor person, the wujoob is linked to the animal, then according to him, if a poor person had acquired nisaab after slaughtering his animal during the days of qurbaani, he will be obligated in shari’ah to slaughter another animal .
2) The mas’alah of a wealthy person purchasing a big animal for qurbaani and thereafter selling some shares to people:
It is makrooh for a wealthy person who purchased a big animal for qurbaani to sell some shares to people, as his intention at the time of purchase was to slaughter the entire animal for his qurbaani. However, if he intended, at the time of purchase, to sell the shares and slaughter the animal for his qurbaani, it will not be makrooh for him to sell the shares.
As for a poor person, it is not permissible for him to sell the shares in both cases (whether he intended to sell the shares at the time of the purchase or afterwards), as the entire animal became specified for his qurbaani by him merely purchasing the animal. This law applies even before the days of qurbaani enter.
3) The mas’alah of a poor person who purchased an animal for qurbaani, and then lost the animal and thereafter purchased another animal for qurbaani:
If he finds the first animal, he will have to slaughter both animals for qurbaani. As for a wealthy person, if he loses the first animal and purchases another animal and thereafter finds the first animal, he is only commanded to slaughter the first animal.
However, if he wishes to slaughter the second animal, then the value of the second animal will be seen. If it is equal in value to the first animal or it is more valuable, he will not have to pay any amount in charity.
Conversely, if its value is less than the value of the first animal, he will have to give the difference in value in charity. This law applies even before the days of qurbaani.
4) Qurbaani animal giving birth before the days of Qurbaani:
If a person purchases an animal for qurbaani and the animal gives birth before the days of qurbaani enter, then the new-born animal will also have to be slaughtered for qurbaani.
5) The mas’alah of the father making qurbaani on behalf of his minor children:
The Fuqahaa explain that if the minor children do not possess wealth which equals nisaab, then according to the zaahir riwaayat, the father is not obligated to carry out qurbaani on their behalf.
However, according to the ghair zaahir riwaayat, reported by Imaam Hasan bin Ziyaad (rahimahullah) from Imaam Abu Hanifah (rahimahullah), the father is obligated to carry out qurbaani on behalf of his minor children. The fatwa in this situation is based on the zaahir riwaayat, that it is not compulsory upon the father to carry out the qurbaani on behalf of his minor children.
As for the situation where the minor children possess wealth which equals nisaab, then according to Imaam Muhammad (rahimahullah), the father is not obligated to carry out qurbaani on behalf of his minor children, neither from their wealth nor from his own wealth.
However, there are two opinions reported from Imaam Abu Hanifah (rahimahullah) and Imaam Abu Yusuf (rahimahullah). According to one opinion, the father should slaughter on behalf of his minor children from his own wealth, while the second opinion states that it is not compulsory upon him to slaughter on behalf of them from his own wealth. The second opinion is the preferred opinion.
Similarly, there are two views reported from Imaam Abu Hanifah (rahimahullah) and Imaam Abu Yusuf (rahimahullah) regarding the father slaughtering on behalf of his child from the child’s wealth. In regard to this mas’alah, Imaam Qudoori (rahimahullah), the author of Hidaayah and Qaadhi Khan (rahimahullah) preferred the opinion that the father should perform qurbaani of the child from the child’s wealth, and the author of Al-Kaafi preferred the opinion that it is not waajib on the father to slaughter on behalf of the child from the child’s wealth.
Though the fatwa is based on the opinion that it is not waajib on the father to slaughter on behalf of the child from the child’s wealth, Imaam Abu Bakr Jassaas (rahimahullah) and others have mentioned that is mustahab for the father to slaughter on behalf of his minor children from his own wealth (the father’s wealth). According to Imaam Tahaawi (rahimahullah), the father should perform qurbaani on behalf of his minor children in all cases.
From this ikhtilaaf, we understand that there is a resemblance between qurbaani and sadaqatul fitr and that the sabab- e-wujoob of both is رأس according to the Fuqahaa. It is for this reason that the discussion arises regarding whether the father should slaughter only on behalf of himself or also on behalf of his minor children. The outcome of this is that the sabab-e-wujoob in sadaqatul fitr is رأس يمونه ويلي عليه, and in qurbaani, it is only his own رأس. Hence, he is only responsible for carrying out qurbaani on behalf of himself.
6) Qurbaani being waajib upon Rasulullah (sallallahu alaihi wasallam):
Another proof is that qurbaani was waajib upon Rasulullah (sallallahu alaihi wasallam) despite him not possessing any wealth. Hence, in regard to Rasulullah (sallallahu alaihi wasallam), the sabab-e-wujoob is رأس. Though this was the khusoosiyat of Rasulullah (sallallahu alaihi wasallam), that despite him not possessing wealth, it was waajib upon him to carry out qurbaani every year, we do understand that the sabab-e-wujoob in his case had to be رأس.
It is reported in Sunan Tirmizi that Rasulullah (sallallahu alaihi wasallam) once appointed Hazrat Hakeem bin Hizaam (radhiyallahu anhu) to purchase an animal for qurbaani before the days of qurbaani for one dinaar. The Sahaabi (radhiyallahu anhu) purchased the animal for one dinaar and thereafter sold the animal for two dinaars. He then purchased another animal for one dinaar and brought the qurbaani animal to Rasulullah (sallallahu alaihi wasallam) with one dinaar.
The author of Badaa’i-us-Sanaa’i, under the commentary of the above Hadith, mentioned that Rasulullah (sallallahu alaihi wasallam) had given the one dinaar in charity, as it was acquired through the animal that was purchased for qurbaani. This indicates that the laws of qurbaani applied to Rasulullah (sallallahu alaihi wasallam), even before the days of qurbaani, which proves that the sabab-e-wujoob in regard to Rasulullah (sallallahu alaihi wasallam) was also رأس.
7) Musaafir carrying out qurbaani during safar:
In regard to the mas’alah of a musaafir who carries out the qurbaani during his safar and thereafter returns home before the days of qurbaani end, the Fuqahaa explain that he does not have to repeat the qurbaani.
Similarly, if a poor person purchased a qurbaani animal before the days of qurbaani and slaughtered the animal in the days of qurbaani, and thereafter became wealthy, then according to the preferred opinion, he does not have to repeat his qurbaani. Both these cases show that the wujoob is linked to the رأس, otherwise both would have had to repeat the qurbaani.
8) The milk and wool of the qurbaani animal being given in sadaqah before the days of qurbaani:
If one purchases an animal for qurbaani, if the animal is milked or the wool is sheared before the days of qurbaani, then according to the preferred opinion of the Fuqahaa, the milk and the wool should be given in sadaqah. A wealthy person and a poor person are both equal in this mas’alah.
9) The place of the qurbaani animal being considered:
When we examine the ibaaraat of the Fuqahaa, we find that the criteria for the qurbaani being valid is the place of the animal. Hence, in the situation where the animal is slaughtered in the village on behalf of the person in the town, the qurbaani is considered valid according to all the Fuqahaa.
From this, we understand that the place of the animal is considered, and not the place of the person on whose behalf the animal is slaughtered.
Therefore, in the situation where the animal is slaughtered in another country on the day of Eid, the qurbaani will be valid according to the ibaaraat of the Fuqahaa.
Conclusion
From the abovementioned proofs, we understand that the sabab-e-wujoob of qurbaani is رأس. It is neither the days of qurbaani nor possessing nisaab. Rather, the days of qurbaani and possessing nisaab are among the sharaa’it-e-wujoob of qurbaani.
Therefore, if a person living in one country wishes to perform his qurbaani in another country and the days of qurbaani commence one day earlier in the country where he wishes to perform qurbaani compared to the country in which he is living, and his animal is slaughtered on the first day of Eid in the country where he wishes to perform his qurbaani, his qurbaani will be valid.
And Allah Ta'ala (الله تعالى) knows best.
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