A goat was found to be pregnant after it was slaughtered - is the Aqiqah valid?

Dar al-Ifta Ahl al-Sunnah

Mufti Fuzail Raza Attari

1. A goat was found to be pregnant after it was slaughtered - is the aqīqah valid?

Question: What do the scholars of Islam say regarding the following: I purchased a goat in order to perform aqīqah after the birth of my daughter. After slaughtering the animal, we realised it was pregnant and a dead child came out of its womb. In this scenario, is the aqīqah valid? Is it lawful or unlawful to consume the dead child?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

In the scenario presented by the questioner, the aqīqah is correct because absence of pregnancy in the animal is not a condition for the validity of an aqīqah. The animal must fulfil the conditions that are necessary when slaughtering an animal on Eid ul-Aḍḥā. Although it is permissible to slaughter a pregnant animal, if one is aware of its pregnancy, it is better to slaughter a different one.

Slaughtering an animal does not make the child it is carrying permissible to consume. If it is born alive, it must be slaughtered separately, and it cannot be consumed if it is dead. In the scenario of the question, the child was deceased, so it is impermissible to consume it.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Answered by Mawlana Zakir Hussain Attari Madani

Attested by Mufti Fuzail Raza Attari

2. Someone not in the state of ritual purity placed their hand in a barrel of water. What is the ruling regarding the water?

Question: What do the scholars of Islam say regarding the following. There was a lot of rain recently so we collected it in a barrel to use for ablution, etc. One day, I returned from the Fajr prayer and my wife asked which water I used to perform ablution. I replied I used the water from the barrel, and she replied that she accidently washed her hands in it at night whilst she was not in a state of ablution. She could not tell me at the time because I was sleeping, although she had an intention of informing me when I woke up. Is my Fajr prayer valid?

Note: The dimensions of the barrel are such that the surface area of water in it is less than a large body of water [i.e., less than 225 square feet]. Even though my wife does make mistakes with regards to religious matters like other women, I believe she is informing correctly in this instance.

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

If a person who is not in the state of ritual purity places their hand into water smaller than a large body of water, the water is mustamal (used). According to the correct opinion, mustamal water is pure, but it does not have the capability of removing najāsah ukmiyyah (legal impurity). This is why ablution and ghusl cannot be performed with it. Furthermore, a report concerning whether water can or cannot be used for ritual purity relates to religious affairs, in which the statement of a single upright person is relied upon, regardless if it is a woman. If the person relaying the report is an open sinner, or their state is veiled, i.e., it is not known whether the person is upright or not, one is required to perform taarrī (investigation). If one’s heart firmly believes the person is speaking correctly, one must act upon that report.

In light of these details and the scenario you described, because your dominant assumption is that your wife is telling the truth, her information is reliable. Therefore, you must perform the prayer again because the water is mustamal; ablution and ghusl cannot be performed with this category of water.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Answered by Mawlana Zakir Hussain Attari Madani

Attested by Mufti Fuzail Raza Attari

3. If someone stands up after reciting tashahhud in al-qadat al-akhīrah, what should they do?

Question: What do the scholars of Islam say regarding the following. If someone forgetfully stands up after reciting tashahhud in al-qadat al-akhīrah (final sitting), but remembers and sits down again before performing prostration for the fifth unit of prayer, does he have to perform sajdat al-sahw (prostration of forgetfulness)? If yes, does he have to recite tashahhud again?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

If someone stands forgetfully after al-qadat al-akhīrah but sits down again upon remembering, it is necessary to perform sajdat al-sahw due to the delay in performing salām. Standing up does not make the recitation of tashahhud void, so sajdat al-sahw can be performed after giving salām to one side immediately after sitting. Tashahhud should not be repeated.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Answered by Mawlana Muhammad Sarfaraz Akhtar Attari

Attested by Mufti Fuzail Raza Attari

4. Reciting tasbī once when bowing and prostrating

Question: What do the scholars of Islam say regarding the following: I had to run an errand and feared the transport vehicle would leave; so, I only recited tasbī once when I bowed and prostrated in prayer. Is my prayer valid?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

It is a sunnah to recite tasbī three times in rukū and sujūd. Reciting it less than three times or not at all for no reason is makrūh tanzīhī. In such a case, it is recommended to perform the prayer again. If there is a valid reason, like the shortage of time or fear of the transport vehicle leaving, it is not makrūh tanzīhī to recite tasbī less than three times. Therefore, in the scenario of the questioner, the prayer is valid without any dislike.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Answered by Mawlana Muhammad Sarfaraz Akhtar Attari

Attested by Mufti Fuzail Raza Attari


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