QUESTION:
What do the scholars and muftis of the mighty Shari’ah say regarding the following matter, is qurbāni (sacrifice) necessary (wājib) for a child; some scholars say that it is wājib whilst other say it is not. Which opinion is more correct, please expand on the matter with evidence, in light of Hanafī law.
Questioner: Kabir from UK
ANSWER:
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
There is a difference of opinion amongst the Hanafīs with regards to qurbāni being wājib upon a child [non-baligh]. The evident view (zāhir al-riwāyah) is that the qurbāni is neither wājib upon the child and neither is it wājib upon the father, on the child’s behalf. This is the correct opinion and it is upon this that the verdict (fatwā) is given, just as it is mentioned in al-Durr al-Mukhtār,
(وَيُضَحِّي عَنْ وَلَدِهِ الصَّغِيرِ مِنْ مَالِهِ) صَحَّحَهُ فِي الْهِدَايَةِ (وَقِيلَ لَا) صَحَّحَهُ فِي الْكَافِي قَالَ وَلَيْسَ لِلْأَبِ أَنْ يَفْعَلَهُ مِنْ مَالِ طِفْلِهِ وَرَجَّحَهُ ابْنُ الشِّحْنَةِ قُلْت وَهُوَ الْمُعْتَمَدُ لِمَا فِي مَتْنِ مَوَاهِبِ الرَّحْمَنِ مِنْ أَنَّهُ أَصَحُّ مَا يُفْتَى بِهِ
“(One opinion is that) the father will offer qurbani on the child’s behalf, from his wealth, this was affirmed in al-Hidāyah. It has [also] been said that the father will not offer qurbāni on behalf of his child, this opinion has been ratified in al-Kāfī, and the author said it is not permissible for the father that he offer the sacrifice from the child’s wealth, and ibn Shihnah gave preference to it. I say that this is the relied upon view because it is mentioned in the text of Mawāhib al-Rahmān that this is the soundest opinion that the verdict is given upon”.
[al-Durr al-Mukhtār, Kitāb al-Udhiyah, Volume 9, pg 524]
If the father does offer the sacrifice on the child’s behalf, from his own wealth, this is better, just as it is mentioned in Bahār-e-Sharī’at; even though it is not wājib upon a child, it is better to offer it.
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 Zameer Ahmed
Read the original answer in Urdu here – [Q-ID0367] Do we have to perform Qurbani for children?
