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Section II: Slaughtering the Hady

Firstly: What Counts as a Hady
A hady is a sheep, goat, one-seventh of a camel, or one-seventh of a cow. If one slaughters a camel or cow by oneself, then one has increased in goodness. This is the position of the majority: the Hanafis, Shafi`is, Hanbalis, Dawud al-Zahiri, and a group of the Salaf.
Secondly: The Ruling of Splitting a Hady
It is permissible to split a hady that is a camel or a cow among at most seven people. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis.
Thirdly: The Ruling of Giving the Value of a Hady in Charity
It is not permissible to substitute slaughtering a hady with paying its value in charity. This is the decision of International Islamic Fiqh Academy, the fatwa of the Permanent Council, and the position of Ibn Baz.
Fourthly: When to Slaughter
1. The starting time for slaughtering
The time to slaugher starts on the Day of Eid al-Adha. This is the position of the majority: the Hanafis [1042] However, it is permissible according to Hanafis to slaughter optional sacrificial animals before the Day of Eid al-Adha, for they are gifts – and that is realized when they are delivered to the Sacred Precinct. Though it is superior to slaughter them on the days of sacrifice because the value of devotionally shedding blood then is more manifest. , Malikis, and Hanbalis.


2. The ending time for slaughtering
Scholars have held multiple positions regarding the last time one may slaughter, the most prominent of which are two:
The first position: The time to slaughter extends to two days after the Day of Eid al-Adha for a total of three days. This is the position of the majority: the Hanafis, Malikis, Hanbalis, and a group of the Salaf.
The second position: The time to slaughter ends at sunset on the third Day of Tashreeq. This is the position of the Shafi`i school, one position amongst Hanbalis, and the position of a group of the Salaf. This is the chosen position of Ibn al-Mundhir, Ibn Taymiyyah, Ibn Baz, and Ibn `Uthaymin. It is also in accordance with a decision issued by the Council of Senior Scholars.
Fifthly: Where to Slaughter
It is wajib that the hady be slaughtered within the Sacred Precinct, not specifically Mina, though that is superior. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis.
Sixthly: Optionally Offering a Hady
It is sunnah to offer an optional hady. This is true whether one is performing ifrad, tamattu`, or qiran; or whether or not one is a pilgrim. Consensus on this was related by al-Qarafi.
Seventhly: Eating from One’s Hady
1. Eating from an optional hady
It is sunnah for one to eat from an optional hady if it has reached its destination in the Sacred Precinct. Consensus on the permissibility of eating from an optional hady was related by al-Nawawi, Ibn `Abd al-Barr, Ibn Hajar, and al-Shinqiti.


2. Eating from the hady of tamattu` and qiran
It is mustahabb to eat from the hady of tamattu` and qiran. This is the position of the majority: the Hanafis, Malikis, and Hanbalis.


3. Eating from the hady necessitated by omitting or delaying a rite, or due to annulling one’s rites
It is not permissible to eat from a hady that was necessitated by omitting or delaying a rite, or one that was necessitated due to annulling one’s rites. This is the position of the majority: the Hanafis, Shafi`is, and Hanbalis.


4. Eating from the hady of expiations
It is not permissible to eat from the hady of expiations which are wajib due to having enaged in a restriction. This is by agreement of the four schools of jurisprudence. It is also the position of a group of the Salaf.
Eighthly: Those Unable to Offer a Hady
1. The ruling of one unable to offer a hady
If one performing tamattu` or qiran are unable to offer a hady, such as if they do not find a hady for sale, or if they find such an animal but lack the funds to purchase it, then one fasts ten days: three during Hajj and seven upon returning. Consensus on this was related by Ibn al-Mundhir and Ibn Qudamah.
2. When to fast the three days during Hajj for one unable to offer a hady
One unable to offer a hady begins fasting upon entering ihram. This holds whether one enters into ihram for `umrah when performing tamattu` or into ihram for Hajj and `umrah when performing qiran. This is the position of the Hanafi and and Hanbali schools. This is the chosen position of Ibn `Uthaymin.


3. Fasting the three days before `Arafah
It is superior to fast the three days before the Day of `Arafah such that one is not fasting on the Day of `Arafah. This is the position of the Shafi`i school. It was also narrated from Malik, and it is one position amongst Hanbalis and a group from the Salaf. This is the chosen position of Ibn Baz and Ibn `Uthaymin.


4. Fasting the Days of Tashreeq if unable to offer a hady
It is permissible to fast during the Days of Tashreeq [1043] The Days of Tashreeq are the three days of Mina that follow the Day of Eid al-Adha. if unable to offer a hady and one did not already fast three days before the Day of Eid al-Adha. This is the position of the Malikis and Hanbali schools, one position amongst Shafi`is, and the position of a group of the Salaf. This is the chosen position of al-Bukhari, Ibn `Abd al-Barr, Ibn Hajar, Ibn Baz, al-Albani, and Ibn `Uthaymin.


5. The ruling of one who misses fasting days due during Hajj
One who does not fast the three days during Hajj is not absolved of the responsibility to fast them. One makes them up later. This is the position of the majority: the Malikis, Shafi`is, and Hanbalis.


6. What is due for delaying the three days of fast until Hajj is over
Whoever delays fasting the three days until Hajj is over is not required to offer expiation. This is the position of the Maliki and Shafi`i schools. This is the chosen position of Ibn `Uthaymin.


7. The ruling of fasting seven days in Mecca after Hajj
It is permissible to fast the remaining seven days in Mecca after one completes Hajj though it is superior to delay it until one returns home. This is the position of the majority: the Hanafis, Malikis, Hanbalis, and one position amongst Shafi`is.


8. The ruling of fasting these days consecutively
It is permissible to fast the three days during Hajj, and the seven upon returning, consecutively or separately. This is by agreement of the four schools of jurisprudence.


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