The Hady of At-Tamattu' and Al-Qiran

All praise is due to Allâh alone and may peace and blessings be upon him, whom there is no Prophet ﷺ after him. To proceed:

Based upon what was decided in the 7th session of the Senior Scholars Board that was held in At-Ta'if during the first half of Sha'ban in the year 1395 AH that the issue of (the Hady of At- Tamattu' and Al-Qiran) be added to the agenda of the 8th session and that research be prepared regarding that during the 8th session that was held in the city of Ar-Riyadh during the first half of the month of Rabi'uth-Thani during the 1396 AH, the committee reviewed the research that was prepared by the Permanent Committee for Scientific Researches and Religious Verdicts concerning the time of the slaughter, its place and the ruling on replacing the sacrifice with giving charity according to its value and solving the problem with the meat. After exchanging views the following was unanimously decided:

1. It is not permissible to exchange the slaughtering of the sacrificial animal of At-Tamattu' and Al-Qiran with giving charity in its value (in money). This is due to the evidence of the Book and the Sunnah and the consensus of the scholars that this is prohibited. This is along with the fact that the first goal of the slaughtering of the sacrificial animals is to draw near to Allâh by shedding blood. This is as Allâh said:
"Their meat and their blood do not reach Allah, but the Taqwa (piety and fear of Allah) from you reaches him."

This is also because from the accepted principles in the Shari'ah is closing off the means (to evil) and the view of giving the value (of the slaughter in money) leads to playing with the Islamic law. For example, it may be said: "Give the money that will be spent on Hajj instead of performing the Hajj due to its difficulty in these times." Another reason is that the benefits are of three types: A benefit that is considered so by consensus (i.e., unanimously, Al-Ijma'), the benefit that is rejected by consensus, and the benefit that may be applicable in certain cases (but not by consensus). The opinion allowing giving the value in money (instead of slaughtering) is a rejected benefit due to its opposing the evidences. Therefore, it is not permissible to consider it (as an option).

2. The majority of the council agreed that the days of the slaughtering are 4 - the day of the 'Eid, and the 3 days after it. It is also permissible to slaughter during the nights of the days of At-Tashreeq. This is due to Allâh's Statement:
"That they may witness things that are of benefit to them (i.e., reward of Hajj in the Hereafter, and also some worldly gain from trade), and mention the Name of Allah on appointed days (i.e., 10th, 11th, 12th and 13th days of Thul-Hijjah), over the beast of cattle that He has provided for them (for sacrifice). Then, eat thereof and feed therewith the poor who have a very hard time. Then let them complete their prescribed duties (rites of Hajj) and fulfill their vows, and circumambulate the Ancient House (the Ka'bah in Makkah)."

Therefore, verily the completion of the prescribed duties and Tawafuz-Ziyarah (i.e., Al-Ifadhah) is not before the day of Sacrifice. Since these acts are mentioned in sequence alo with the slaughtering of the sacrificial animal, this proves that is the sacrifice of Al-Qiran and At-Tamattu'. This is because sacrifices are not mentioned in a sequence along with these acts. This is also because it is confirmed from the Prophet ﷺ that he slaughtered his sacrificial animal on the day of the 'Eid and he also slaughtered the sacrifice of At-Tamattu' and Al-Qiran for his women on the day of the 'Eid. It is not confirmed from him or anyone of his Companions that they slaughtered before the day of the 'Eid or after the days of At-Tashreeq. This is also due to what Sulayman bin Musa reported from Ibn Abu Husain from Jubayr bin Mut'im from the Prophet ﷺ that he said:
"All of 'Arafat is a place of standing."

The Hadith continues until the Prophet ﷺ said:
"And all of the days of At-Tashreeq are for slaughtering."

Ibn Al-Qayyim said: "This has been reported from two different routes of transmission that strengthen each other." This is the end of what is intended here.

3. The slaughtering is not specifically for Mina. Rather, it is permissible to slaughter in Makkah and in any place of the Haram area. This is due to the Prophet's saying:
"All of Mina is a place of slaughtering and all of the paths Makkah are a valid road and a place of slaughtering."

4. Whatever is left over of the meat in the slaughterhouses, it is upon the government to protect it in a way that will preserve its benefit until it can be distributed among the poor people of the Haram.

5. It is permissible for the government to organize the benefit gained from the scraps of sacrificial animals that are left in the slaughter-houses, like the skin, the bones, the wool and so forth. This is to be done according to what the government sees to be a benefit for the poor people of the Haram from that which the people have left behind having no desire for it.

6. The government may Allâh grant it success should make sure that there are numerous slaughter-houses in Mina and Makkah and the rest of the Haram. They should do this in a way that will make it possible for the Hajj pilgrims to slaughter their sacrificial animals with ease and comfort, and benefit from their meat as they wish.

And success is from Allâh. May Allâh send blessings and peace upon our Prophet Muhammad ﷺ, his family and his Companions.

Source:
The Senior Scholars Board
Fatawa Islamiyah, Vol. 4 Pages 276-277-278-279-280

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