The hadiy (sacrifice) that is obligatory for the pilgrim – and where it is to be slaughtered

The sacrifices
that must be offered by the pilgrim during his Hajj are of different types:

1.    

The hadiy of
tamattu‘ and qiraan

Whoever does
Hajj tamattu‘ (entering ihram for ‘umrah, then exiting ihram, then entering
ihram for Hajj) or qiraan (entering ihram for ‘umrah and Hajj, and remaining
in ihram until all rituals have been completed) must offer a hadiy if he can
afford it, otherwise he must fast instead of that. Allah, may He be exalted,
says (interpretation of the meaning):

“Then
if you are in safety and whosoever performs the ‘Umrah in the months of
Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiran), he
must slaughter a Hady such as he can afford, but if he cannot afford it, he
should observe Saum (fasts) three days during the Hajj and seven days after
his return (to his home), making ten days in all. This is for him whose
family is not present at Al-Masjid-al-Haram (i.e. non-resident of Makkah).
And fear Allah much and know that Allah is Severe in punishment”

[al-Baqarah
2:196].

Ibn Katheer (may
Allah have mercy on him) said:

that is, if you
are able to perform the rituals of Hajj, then whoever among you is doing
‘umrah before Hajj – which includes those who enter ihram for both ‘umrah
and Hajj (i.e., qiraan) and those who enter ihram for ‘umrah first, then
after finishing ‘umrah [and exiting ihram] they enter ihram for Hajj, which
is tamattu‘, “he
must slaughter a Hady such as he can afford”
that is, let him offer whatever hadiy he can afford; the minimum that may be
offered is a sheep.

End quote from
Tafseer Ibn Katheer (1/537)

The place where
this sacrifice is to be offered is the Haram of Makkah.

Ibn al-‘Arabi
(may Allah have mercy on him) said:

There is no
difference of scholarly opinion concerning the fact that the hadiy must be
slaughtered in the Haram.

End quote from
Ahkaam al-Qur’an (2/186)

It says in
al-Mawsoo‘ah al-Fiqhiyyah (42/250-251):

The fuqaha’ are
unanimously agreed that the permissibility of shedding the blood of the
hadiy – except in the case of one who is prevented from completing Hajj – is
limited to the Haram, and it is not permissible to slaughter the sacrifice
outside the sanctuary, because Allah, may He be exalted, says concerning the
penalty for hunting (within the boundary of the Haram):
“the
penalty is an offering, brought to the Ka‘bah”
[al-Maa’idah 5:95];
and He says (interpretation of the meaning): “and afterwards they are
brought for sacrifice unto the ancient House (the Haram – sacred territory
of Makkah)” [al-Hajj 22:33]. And the Prophet (blessings and peace of
Allah be upon him) said: “I offered my sacrifice here, but all of Mina is
the place of sacrifice, so offer your sacrifices in your camps.” And he
(blessings and peace of Allah be upon him) said: “Every ravine of Makkah is
a road and a place of sacrifice.” End quote.

What must be
done with the meat of the sacrifice is to distribute it to the poor and
needy of the sanctuary; it is permissible to take a little of it outside of
the Haram zone to eat or give as a gift.

It was narrated
that Jaabir ibn ‘Abdullah (may Allah be pleased with him) said: We used not
to eat the sacrificial meat for more than three days in Mina, then the
Messenger of Allah (blessings and peace of Allah be upon him) granted us a
concession and said: “Eat and store (for the journey).” So we ate some of it
and stored some (for the journey).

Narrated by al-Bukhaari
(1719) and Muslim (1972).

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

The hadiy of
tamattu‘ and qiraan is a sacrifice of gratitude, so it does not all have to
be given to the poor of the Haram. Rather it comes under the same ruling as
the udhiyah, i.e., the one who offers the sacrifice may eat some of it, give
some as gifts and gives some in charity to the poor of the Haram.

If a person
slaughters the hadiy of tamattu‘ or qiraan in Makkah, then he takes the meat
to ash-Sharaa‘i’, or to Jeddah or elsewhere, there is nothing wrong with
that, but he must give some of it in charity to the poor of the Haram.

End quote from
al-Sharh al-Mumti‘ (7/203).

2.    

Sacrifices
offered (as a penalty) for omitting an obligatory part of Hajj

Whoever omits
one of the obligatory parts of Hajj has to make up for this shortcoming by
sacrificing a sheep.

It was narrated
that ‘Abdullah ibn ‘Abbaas (may Allah be pleased with him) said: Whoever
forgets any of the rituals [of Hajj] or fails to do it, let him offer a
sacrifice.

Narrated by Imam
Maalik in al-Muwatta’ (1583).

This sacrifice
must be offered in the Haram and its meat must also be distributed in the
Haram.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

The scholars
stated this. They said: The hadiy of tamattu‘ and qiraan, and the hadiy that
is required for omitting an obligatory part of Hajj, must be slaughtered in
Makkah. Allah has also stated that with regard to the penalty for hunting
(within the boundary of the sanctuary), as He says (interpretation of the
meaning):

“O
you who believe! Kill not game while you are in a state of Ihram for Hajj or
Umrah (Hajj), and whosoever of you kills it intentionally, the penalty is an
offering, brought to the Ka‘bah”

[al-Maa’idah
5:95].

With regard to
that which Islamic teaching restricts to specific places, it is not
permissible to move it elsewhere; rather it must be done in the place
specified. So the hadiy must be slaughtered in Makkah and its meat must be
distributed in Makkah.

End quote from
Majmoo‘ Fataawa Ibn ‘Uthaymeen (25/83)

3.    

Sacrifice
offered because of the pilgrim doing one of the things that are prohibited
whilst in ihram

With regard to
doing things that are prohibited, it is proven in the Qur’anic text that a
sacrifice must be offered in compensation. Allah, may He be exalted, says
(interpretation of the meaning):

“And
perform properly (i.e. all the ceremonies according to the ways of Prophet
Muhammad (blessings and peace of Allah be upon him)), the Hajj and Umrah
(i.e. the Hajj to Makkah) for Allah. But if you are prevented (from
completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel,
etc.) such as you can afford, and do not shave your heads until the Hady
reaches the place of sacrifice. And whosoever of you is ill or has an
ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom)
of either observing Saum (fasts) (three days) or giving Sadaqah (charity –
feeding six poor persons) or offering sacrifice (one sheep)”

[al-Baqarah
2:196].

See: al-Jaami‘
li Ahkaam al-Qur’an by al-Qurtubi (3/292-293)

If he has to
offer a sacrifice, then he has the choice between slaughtering it and
distributing its meat in the place where he did the prohibited action –
whether that place was within the Haram boundary or not – or slaughtering it
and distributing its meat in the Haram.

It was narrated
from Ka‘b ibn ‘Ujrah (may Allah be pleased with him) that the Messenger of
Allah (blessings and peace of Allah be upon him) saw him with lice falling
on his face and said: “Are these vermin bothering you?” He said: Yes. So he
instructed him to shave his head when he was in al-Hudaybiyah, and it was
not yet clear to them that they would exit ihram there, as they were still
hoping to enter Makkah. Then Allah revealed (the verse containing the ruling
on) fidyah, so the Messenger of Allah (blessings and peace of Allah be upon
him) instructed him to give a faraq (three saa‘s) to be shared between six
poor persons, or to sacrifice a sheep, or to fast for three days.

Narrated by al-Bukhaari
(1817) and Muslim (1201).

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

Whatever it is
permissible to sacrifice and distribute outside of the Haram, when there is
a reason to do so, it is also permissible to sacrifice and distribute inside
the Haram, but the converse is not the case.

End quote from
ash-Sharh al-Mumti‘ (7/204)

That also
includes the camel which a muhrim must sacrifice if he has intercourse with
his wife before the first stage of exiting ihram.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

If the
prohibited act is intercourse before the first stage of exiting ihram in
Hajj, then what he must do is sacrifice a camel, to be slaughtered in the
place where the prohibited act was committed, or in Makkah, and its meat is
to be distributed to the poor.

End quote from
Majmoo‘ Fataawa Ibn ‘Uthaymeen (22/222)

4.    

Sacrifice
offered because of being prevented from completing one’s Hajj

Allah, may He be
exalted, says (interpretation of the meaning):

“And
perform properly (i.e. all the ceremonies according to the ways of Prophet
Muhammad (blessings and peace of Allah be upon him)), the Hajj and Umrah
(i.e. the Hajj to Makkah) for Allah. But if you are prevented (from
completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel,
etc.) such as you can afford”

[al-Baqarah
2:196].

The ruling is
similar to the ruling on the type mentioned above; he should offer his
sacrifice in the place where he was prevented from continuing, because when
the Prophet (blessings and peace of Allah be upon him) was prevented from
entering Makkah at the time of al-Hudaybiyah, he offered his sacrifice
outside of the Haram zone.

It is also
permissible to slaughter it and distribute the meat inside the Haram zone.

It was narrated
from Ibn ‘Umar (may Allah be pleased with him) that the Messenger of Allah
(blessings and peace of Allah be upon him) set out for ‘umrah, but the
disbelievers of Quraysh prevented him from reaching the Ka‘bah, so he
slaughtered his sacrifice and shaved his head in al-Hudaybiyah.

Narrated by al-Bukhaari
(4252).

Ibn Hajar (may
Allah have mercy on him) said:

The apparent
meaning of the story is that most of them offered their sacrifices in the
place where they were, which was outside the boundary of the Haram, which
indicates that doing that is permissible. And Allah knows best.

End quote from
Fath al-Baari (4/11)

5.    

Sacrifices
offered as compensation for hunting game

This must be
slaughtered and the meat distributed within the Haram zone, and it is not
valid if done outside the Haram zone.

Allah, may He be
exalted, says (interpretation of the meaning):

“O
you who believe! Kill not game while you are in a state of Ihram for Hajj or
Umrah (Hajj), and whosoever of you kills it intentionally, the penalty is an
offering, brought to the Ka‘bah, of an eatable animal (i.e. sheep, goat,
cow, etc.) equivalent to the one he killed, as adjudged by two just men
among you; or, for expiation, he should feed Masakin (poor persons), or its
equivalent in Saum (fasting), that he may taste the heaviness (punishment)
of his deed. Allah has forgiven what is past, but whosoever commits it
again, Allah will take retribution from him. And Allah is AllMighty,
All-Able of Retribution”

[al-Maa’idah
5:95].

Ibn Katheer (may
Allah have mercy on him) said:

The words “an
offering, brought to the Ka‘bah”
mean that it should reach the Ka‘bah; what is meant is that it should reach
the Haram by being slaughtered there, and its meat distributed among the
poor of the Haram. This is a matter concerning which there is consensus.

End quote from
Tafseer Ibn Katheer (3/194)

From the above
it is clear that where it is prescribed to slaughter the sacrifice inside
the Haram zone, it is not permissible to slaughter it outside that zone. But
in cases where it is prescribed to slaughter it outside the Haram zone, it
is permissible to bring it and slaughter it inside the Haram zone.

If a person
performs his Hajj and rituals properly, but he slaughters the hadiy outside
the Haram zone, his Hajj is valid, but he must offer another hadiy instead,
inside the Haram zone. If he is not able to go back to Makkah himself, then
he may appoint someone whom he trusts to sacrifice it on his behalf inside
the Haram zone.

Shaykh Ibn Baaz
(may Allah have mercy on him) said:

With regard to
the hadiy of the one who is doing tamattu‘ or qiraan, it is not permissible
to slaughter it anywhere but within the Haram zone; if he slaughters it
elsewhere, such as in ‘Arafah or Jeddah or anywhere else, that is not valid,
even if he distributes its meat in the Haram, and he has to offer another
hadiy, to be slaughtered within the Haram zone, whether he was ignorant of
the ruling or was aware of it, because the Prophet (blessings and peace of
Allah be upon him) slaughtered his hadiy in the Haram zone, and he said:
“Learn from me your rituals of Hajj.” Similarly, his companions (may Allah
be pleased with them) only slaughtered their hadiys in the Haram zone,
following his example (blessings and peace of Allah be upon him).

End quote from
Majmoo‘ Fataawa Ibn Baaz (18/31-32)

Secondly:

With regard to
your question: “Why should the hadiy be slaughtered only within the boundary
of the Haram?”

The hadiy should
be slaughtered within the boundary of the Haram for the following reasons:

1.    

Because this is
what is prescribed by the Qur’an and Sunnah, and it is obligatory to follow
them.

Allah, may He be
exalted, says (interpretation of the meaning):

“It
is not for a believer, man or woman, when Allah and His Messenger have
decreed a matter that they should have any option in their decision. And
whoever disobeys Allah and His Messenger, he has indeed strayed in a plain
error”

[al-Ahzaab
33:36]

“And
whatsoever the Messenger (Muhammad SAW) gives you, take it, and whatsoever
he forbids you, abstain (from it) , and fear Allah. Verily, Allah is Severe
in punishment”

[al-Hashr 59:7].

The issue with
regard to these sacrifices is the same as that of all the rituals of Hajj,
and indeed it is the issue with regard to all acts of worship: one should
follow the command of Allah and His Messenger with regard to that, without
asking why.

Al-Bukhaari
(315) and Muslim (335) narrated from ‘Aa’ishah that she rebuked someone who
asked her, Why does a menstruating woman have to make up missed fasts but
not missed prayers? She said: That used to happen to us and we were
commanded to make up the fasts but we were not commanded to make up the
prayers.

Ash-Shaatibi
(may Allah have mercy on him) said:

With regard to
matters of worship, what is required is to follow the instructions, without
adding or subtracting anything. Therefore when ‘Aa’ishah (may Allah be
pleased with her) was asked about the menstruating woman making up the
fasts, but not the prayers, she objected to the questioner asking such a
question, because we are not meant to understand the reasons behind rituals
and acts of worship.  Then she said: We were commanded to make up the fasts
but we were not commanded to make up the prayers. And with regard to the
issue of the Lawgiver making the diyah for injury to fingers equal, Ibn al-Musayyab
said: That is the Sunnah, O son of my brother. And there are many such
cases.

End quote from
al-Muwaafaqaat (2/526)

2.    

Because it is
one of the rituals of Hajj, and Hajj is connected to Makkah, and most of its
actions are done within the boundary of the Haram zone, therefore
slaughtering the hadiy within the boundaries of the Haram zone is in harmony
with the fact that the main location for the act of worship that is Hajj is
Makkah.

3.    

Slaughtering the
hadiy and distributing its meat within the Haram zone is for the purpose of
relieving the poor people of the Haram of hardship and comes under the
heading of the provision that Allah has guaranteed to the people of this
House, in response to the supplication of Ibraaheem (peace be upon him), as
Allah, may He be exalted, tells us that he said (interpretation of the
meaning):

“O
our Lord! I have made some of my offspring to dwell in an uncultivable
valley by Your Sacred House (the Ka‘bah at Makkah); in order, O our Lord,
that they may perform As-Salat (Iqamat-as-Salat), so fill some hearts among
men with love towards them, and (O Allah) provide them with fruits so that
they may give thanks”

[Ibraaheem
14:37].

See: al-Mughni,
by Ibn Qudaamah (5/451)

And Allah knows
best.