What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: If Qurbānī was wājib upon someone but they didn’t give it and the days of Qurbānī have passed, so what is the ruling regarding this, and if one had bought and kept an animal from before, so can one perform Qurbānī now, and if one hasn’t bought it as of yet, so what should they do in this current state?
Questioner: Brother from England
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
If the days of Qurbānī have passed and the person upon whom Qurbānī was wājib was well off but he did not give Qurbānī, then Qurbānī cannot be given now. If he had bought an animal for Qurbānī and kept it beforehand, so he should donate this live animal as charity, meaning, give it to a shar’ī faqīr [poor person in the eyes of Sharī’ah]. If he hasn’t bought it, so then he should give the price of the animal to charity. If he had kept a specific animal aside for Qurbānī, for example, if he had made a promise of Qurbānī regarding a certain animal, regardless of whether this person is well off or a faqīr, in both cases, he will give this live animal to charity. If it has been included having been slaughtered, then all of the meat will be given as charity; he is not to eat any of it. If a faqīr bought an animal with the intention of Qurbānī but the days of Qurbānī have passed, because the Qurbānī is also wājib upon this person of this specific animal, thus he is to offer this live animal as charity, and if he has included it having been slaughtered, then it is of the same ruling, meaning, offering all of its meat as charity; he is not to eat any of it.
It is stated in ‘Alamgīrī,
“ثُمَّ قَضَاؤُهَا قَدْ يَكُونُ بِالتَّصَدُّقِ بِعَيْنِ الشَّاةِ حَيَّةً، وَقَدْ يَكُونُ بِالتَّصَدُّقِ بِقِيمَةِ الشَّاةِ، فَإِنْ كَانَ قَدْ أَوْجَبَ التَّضْحِيَةَ عَلَى نَفْسِهِ بِشَاةٍ بِعَيْنِهَا فَلَمْ يُضَحِّهَا حَتَّى مَضَتْ أَيَّامُ النَّحْرِ فَيَتَصَدَّقُ بِعَيْنِهَا حَيَّةً سَوَاءٌ كَانَ مُوسِرًا أَوْ مُعْسِرًا، وَكَذَا إذَا اشْتَرَى شَاةً لِيُضَحِّيَ بِهَا فَلَمْ يُضَحِّ حَتَّى مَضَى الْوَقْتُ”
[al-Fatāwā al-Hindiyyah, vol 5, ch 4, pg 296]
Furthermore, ‘Allāmah Ibn ‘Ābidīn Shāmī (mercy be upon him) states in Radd al-Muhtār,
“وَأَقُولُ ذَكَرَ فِي الْبَدَائِعِ أَنَّ الصَّحِيحَ أَنَّ الشَّاةَ الْمُشْتَرَاةَ لِلْأُضْحِيَّةِ إذَا لَمْ يُضَحِّ بِهَا حَتَّى مَضَى الْوَقْتُ يَتَصَدَّقُ الْمُوسِرُ بِعَيْنِهَا حَيَّةً كَالْفَقِيرِ بِلَا خِلَافٍ بَيْنَ أَصْحَابِنَا”
“I say that it is mentioned in Badā’i’ that the correct opinion is this; that when Qurbānī has not been performed of a sheep which had been purchased for Qurbānī and the time has passed, so a well off person will offer this sheep as charity, just like a faqīr; there is no difference of opinion in this matter amongst our people [i.e. our scholars].”
[al-Durr al-Mukhtār & Radd al-Muhtār, vol 9, pg 531]
It is stated in Bahār-e-Sharī’at that if the days of slaughtering [i.e. Qurbānī] have passed and the person upon whom Qurbānī was wājib did not give it, so the Qurbānī has expired; it cannot be given now. If he had kept a specific animal aside for Qurbānī, for example, he had made a promise regarding the Qurbānī of a certain animal, whether this person is well off or a faqīr, in both cases, he is to give this live animal as charity, and if he included it having been slaughtered, then he will give all the meat as charity; he is not to eat anything from it. If a faqīr bought an animal with the intention of Qurbānī and the days of Qurbānī have passed, due to Qurbānī also being wājib upon this person of this specific animal, this is the reason why he is to give this live animal as charity. If he included it having been slaughtered, then it is of the same ruling which was mentioned regarding the promise. If a well off person bought an animal for Qurbānī, so he should give that very animal as charity. If he included it having been been slaughtered, so it is of the same ruling which has been mentioned, and if he has not bought it, then he is to give its price to charity.
[Bahār-e-Sharī’at, vol 3, part 15, pg 338]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali
Read the original Urdu answer here: [Q-ID0546] If someone did not give Qurbani in the past when it was due upon him, what should he do now?