Question:

During Hajj, a Hajj agent was paid to carry out the dam of shukr on behalf of the hujjaj. The hujjaj were informed that all the animals will probably be slaughtered by Maghrib on the 10th, and that they should then shave their hair and come out of ihraam. The persons appointed by the agents did not specify or make niyyah of whose animals were being slaughtered when they were slaughtered, as the agents had already decided that they would only inform the hujjaj once all the animals were slaughtered. On the 10th, there was an unexpected delay in completing the slaughter of all the dam animals. Less than half the animals were slaughtered. The hujjaj were becoming impatient and asking to apportion the already slaughtered animals to them, so that they can exit ihraam. The agents made an announcement stating that one (specific) group of hujjaj may exit ihraam, while the others should remain in ihraam till the following day. On the next day, an announcement was made that the rest of the hujjaj may now exit ihraam.

a) Since the animals were not specified when being slaughtered, there was no way of knowing whose dam had already been done. For those who exited ihraam on the 10th, what is the ruling; Do they have to give dam-jinaayah or not?

b) The group consisted of Hanafis and Shafi’ees. For example: the entire group consisted of 12 Hanafis and 8 Shafi’ees. On day one, a group of 6 Hanafis and 4 Shafi’ees who were staying together were told to come out of ihraam, whereas only 6 animals had been slaughtered. This was done considering the fact that according to the Shafi’ees, tartib is not waajib, and going against tartib for them does not necessitate a dam-jinaayah. On the second day, when another 6 animals had been slaughtered, the rest of the group were told to come out of ihraam. The remaining animals were completed later that day.
What is the ruling in this regard for the Hanafis who came out on either day from ihraam before all the animals were slaughtered, since certain slaughtered animals may have belonged to the Shafi’ees? If niyyah was made that only the Hanafi’s animals were being slaughtered first (although each animal was not assigned to any specific individual), would the above ruling be the same or different?

c) If dam-jinaayah is necessary, is each person himself responsible, or the agent? Can the agents carry it out as an act of good-will, without informing the Hujjaj of the matter?

Answer:

a) The animals that were slaughtered on the 10th will be regarded to be on behalf of that specific group of Hajees who were told to exit Ihrbaam on the 10th even though their names were not specifically mentioned when the animals were being slaughtered. When the agent slaughtered a certain number of animals (for instance, 6 animals) that were designated for the Hajees under his supervision, he obviously made an intention for the corresponding number of Hajees (i.e. a group of 6); so that was sufficient. There was no need to mention every Hajee’s name individually when slaughtering. Therefore, they will not be required to slaughter any animal as Dam-e-Jinaayah. The is due to Dam-e-Shukr having the same rulings as Udhhiyyah (Qurbaani). Under the rulings with regard to Udhhiyyah, the Fuqaha (jurists) have regarded Qurbaani to be valid in the scenario wherein on behalf of a family of 10 members, one of them slaughters 10 animals without specifying a particular animal for each family member; rather he slaughters the 10 animals with the mere intention that these 10 animals are on behalf of himself and 9 family members.

b) If on both days the animals were slaughtered on behalf of the Ahnaaf first and thereafter for the Shawaaf’i considering the fact that Tarteeb between Rami (pelting the Jamaraat), Dhabah (slaughter) and Halaq (shaving the head) is Waajib according to Ahnaaf, then the Dam-e Shukr of all the Ahnaaf and Shawaaf’i will be in order although the animals were not assigned for any specific individual. There will neither be Dam-e-Jinaayah on the Ahnaaf due to them having followed the Waajib sequence nor on the Shawaaf’i due to Tarteeb not being Waajib according to them.

AND ALLAH TAÁALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Badat
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:1 Safar 1440
English Date: 10th October 2018