Is it permissible to offer the hadiy of tamattu‘ outside the Haram?
Praise
be to Allah
The scholars say
that what is required is to offer the hadiy of tamattu‘ within the boundary
of the Haram zone, because Allah, may He be exalted, says (interpretation of
the meaning):
“then
their place of sacrifice is at the ancient House”
[al-Hajj 22:33].
Moreover, the
Prophet (blessings and peace of Allah be upon him) slaughtered his
sacrificial animal in Mina, and he said: “Learn from me your rituals [of
Hajj].” The hadiy is a sacrifice that must be offered as part of the Hajj
rituals, so it must be offered in the appropriate place, which is the Haram.
Based on that, whoever slaughters his sacrifice outside the Haram zone, his
sacrifice is not valid, and he must offer it again within the boundary of
the Haram. If he was unaware of the ruling, then there is no sin on him, but
if he was aware of it, then he is guilty of sin.
The author of
al-Furoo‘ (3/465) indicated that it is obligatory to slaughter the
sacrifice within the boundary of the Haram according to the consensus of the
four imams, but ash-Shirazi said in al-Muhadhdhab (p. 411): If the
muhrim (pilgrim in ihram) is obliged to offer a sacrifice because of ihram,
such as the sacrifice required of one doing tamattu‘ or qiraan, or a
sacrifice as a penalty for wearing perfume whilst in ihram, or as a penalty
for hunting whilst in ihram, then he must give its meat to the poor of the
Haram, because Allah, may He be exalted, says (interpretation of the
meaning): “as
an offering [to
Allah ] delivered to the Ka’bah”
[al-Maa’idah 5:95].
If he slaughters it outside the boundary of the Haram and brings it into the
Haram, then it depends: if the meat has changed and become rotten, then it
is not acceptable, because what is required is meat that is in perfect
condition and has not become rotten, so rotten meat is not acceptable. If it
has not changed (and become rotten), then there are two views concerning it:
The first view is that it is not acceptable, because the place of slaughter
is restricted to the Haram zone.
The second view
is that it is acceptable, because the purpose behind it is the meat, and he
has delivered it to them [namely the poor of the Haram].
An-Nawawi said:
And this is the correct view.
But to be on the
safe side, this should be avoided, because of the evidence that were quoted
at the beginning of our answer.
End quote.
