[2027] The castration referred to is removal of the testicles and does not refer to removal of the penis, which is considered mutilation. – Trans.
[2028] Meaning “residents.”
[2029] Because he is a traveller not because he is on Hajj because Hajj is not a valid excuse with respect to what is due from residents.
[2030] This tradition has the standing of a hadith ascribed to the Prophet with a chain of transmission (marfūʿ) since things like this are not said from opinion.
[2031] That one which has layers of black throughout its white wool.
[2032] al-jadhaʿ is a sheep that is more than six-months old such that if it is very large and if were mixed up with sheep more than a year old it would resemble them to someone looking from afar.
[2033] ḍa’n is that [sheep] which has a rump. [It is not clear what Ḥāfiẓ Riyāḍ means by this. Lane has: “[sheep;] such as have wool,” meaning simply sheep as opposed to goats. – Trans.]
[2034] Meaning that it weakens and its fat goes.
[2035] It has no marrow because of its extreme emaciation. The basic principle is that immoderate defects are an obstacle but minor ones are not.
[2036] There are two basic principles here: first, it is permissible to make use of the skin of an ʿĪd sacrificial animal by retaining it in one’s possession; second, that the judgement on a substitute is the same as the judgement on that for which it is substituted, so that if the person making the sacrifice exchanges the skin of his sacrifice for that which he makes use of itself in his house along with its continuing usage such as a waterskin or a bag then that is permissible from legal preference (istiḥsān) and it is regarded the same as making use of the skin itself. If he exchanges it for something which one only makes use of by consuming it such as dirhams or dinars then he has to give its value away as ṣadaqah.
[2037] muthannā is held by some to be a two year old or even a three year old, but in any case it is one that is older than six months.
[2038] As for the castration which is prohibited it is castration which cuts off progeny by castrating all of the penis, but as for castration of some then that is not prohibited. There are hadith which state clearly the permissibility of sacrificing castrated animals for the ʿĪd al-Aḍḥā which means that the castration is not a defect in the animal but increases the meat in fatness and wholesomeness (I ʿlā’ as-sunan).
[2039] Abū Yūsuf narrated it on p.[239].
[2040] There are three cases one of which is to mention it consecutively but not in conjunction in which case this act is deplored but the sacrifice is not ḥarām. Something like that is that one says, “In the name of Allah and Muḥammad is the Messenger of Allah,” [with Muḥammad] in the nominative case. Second, is that one mentions it consecutively in a conjunctive manner in the sense of association such as “In the name of Allah and in the name of so-and-so,” in which case the sacrifice is ḥarām because it is dedicated by that to other than Allah. Third, is that it is said with a distinct separation both in form and in sense in that one says it before saying the name of Allah and before laying the animal on its side or after that, and there is no harm in this because of that which is narrated from the Prophet that he said after sacrificing, “O Allah accept this from the Ummah of Muḥammad from those who witness to Your Oneness.”
[2041] The people of knowledge differ as to whether or not it is obligatory to pronounce the Name [when sacrificing]. Ash-Shāfiʿī said that it is sunnah and it is not obligatory and that the meat of someone who leaves out mentioning the Name whether deliberately or accidentally is ḥalāl. Our [Ḥanafī] colleagues and the dominant majority say that it is obligatory to say it deliberately – but that if one forgets, it is not and they said that the sacrifice of someone who accidentally forgets to mention the Name is ḥalāl – because of His words, exalted is He, “Eat that over which the name of Allah has been mentioned” (Sūrat al-Anʿam: 119). Ash-Shāfiʿī sought to prove his point by the hadith, “The Muslim is sufficed by His name,” or “The sacrifice of the Muslim is ḥalāl...” which according to us is to be interpreted to refer to the person who has forgotten.
[2042] mirwah is a fine white stone and is like a knife with which one can slaughter.
[2043] And in this there is the permissibility of slaughtering with a sharp- edged stone and with everything which will cause the blood to flow.
[2044] Meaning those which have not been removed. By its outward apparent meaning ash-Shāfiʿī argued that an animal slaughtered by means of nails or teeth is ḥarām. According to us it is permissible to slaughter with nails and teeth if they are removed, so much so that there is no harm in eating [its meat] except that it is disapproved.
[2045] Ibn Abī Shaybah narrated the like of it in the Muṣannaf, vol.[4], pp.[258]-61.
[2046] Al-Bukhārī narrated it under “deputising (wakālah)” in the chapter on “when the shepherd or a deputy (wakīl) spots a sheep dying.”
[2047] This hadith indicates the mode of slaughter of domestic animals in cases of dire necessity such as when they fall down a well, etc.
[2048] But pronunciation of the basmalah is incumbent when firing the arrow. – Ed.
[2049] Al-Bukhārī narrated it under “partnership” in the chapter on “the division of the sheep,” and under “sacrifices” and game in the chapter “those beasts that are refractory are in the same condition as wild animals,” and Muslim under “ʿĪd sacrifices” in the chapter on “the permissibility of sacrifice with anything which makes the blood flow.”
[2050] naḥr consists in stabbing upwards into the standing camel’s jugular vein, rather than slicing across both jugular veins as is the dhabḥ mode with cattle and sheep. – Trans.
[2051] ʿaqīqah is slaughtering a sheep upon the birth of a child.
[2052] Meaning that whoever slaughters a she-camel or a cow and finds a dead foetus in its womb may not eat according to Abū Ḥanīfah, but Abū Yūsuf and Muḥammad said that if its form is complete it may be eaten which is the verdict of ash-Shāfiʿī because of his statement , “The slaughter of a foetus is the slaughter of its mother,” meaning that the slaughter of the mother substitutes for the slaughter of the foetus. But Abū Ḥanīfah said that it means that the slaughter of the foetus is [done] the same [way] as the slaughter of the mother so that it is not ḥalāl unless done with an independent act of slaughter just like the mother. If what the two imams said is closer to the literal sense, nevertheless that which the Imam al-Aʿẓam said is closer to the meaning because the foetus is alive with its own life which is independent of the mother’s. Thus if the calf or young one comes out of her womb alive, then the generality take the position that it should be treated in the same way as the mother.
[2053] Meaning that it was abandoned. He only meant that its origin was in the time of Jāhiliyyah and that it was then done at the beginning of Islam and then later the incumbent (wājib) nature of the Aḍḥā abrogated every sacrifice that used to be before it. The texts of these narrations show obviously that the madhhab of Abū Ḥanīfah is that ʿaqīqah is abrogated and is no longer a part of the Sharīʿah. That which ash-Shāmī transmitted from Jāmiʿ al-maḥbūbī that it is permissible and that aṭ-Ṭaḥāwī explained in commentary that it is recommended is not from a transmission of the madhhab but is on the contrary their own opinions, which position they took because of the traditions narrated concerning that. Ash-Shāfiʿī and Aḥmad regarded it as a sunnah mu’akkadah that there should be two sheep for a boy and a single sheep for a girl [but Mālik and the Madīnans held to the practice that it should be one sheep for each. – Trans.].
[2054] Abū Yūsuf narrated it on p.[238].
[2055] Abū Yūsuf narrated it on p. 238.