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Question:

Is it permissible for the same cow to be slaughtered where 5 portions of it are for sacrifice and the other two portions for aqiqah?

 

Answer:

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

Before answering the above question, we would like to explain that for a cow or a camel, it can be divided into 7 portions. This is accordance with a hadith from Jabir bin Abdullah RA, where he said:

نَحَرْنَا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم عَامَ الْحُدَيْبِيَةِ الْبَدَنَةَ عَنْ سَبْعَةٍ وَالْبَقَرَةَ عَنْ سَبْعَةٍ

“We sacrificed with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hudaybiya, a camel between seven people, and a cow between seven people.”

Sahih Muslim (1318), Sunan Abu Daud (2809) and Sunan al-Tirmizi (1502)

Al-Imam al-Nawawi Rahimahullah in his book al-Minhaj Syrah Sahih Muslim states that the above hadith is evidence as to the permissibility of isytirak (sharing) of a camel or cow for 7 parts (where each portion represent a goat). [1]

Although there is evidence regarding the permissibility of sharing slaughter animals (camels or cows) for the worship of sacrifice, there are different opinions of scholars regarding the issue of sharing the same slaughter animal for two types of worships such as aqiqah and sacrifice; is it permissible?

  • Al-Syafi’eyyah scholars ruled it permissible. This is the opinion of Ibn Hajar al-Haitami Rahimahullah, where he said:

أَمَّا لَوْ ذَبَحَ بَدَنَةً أَوْ بَقَرَةً عَنْ سَبْعَةِ أَسْبَابٍ مِنْهَا ضَحِيَّةٌ وَعَقِيقَةٌ وَالْبَاقِي كَفَّارَاتٌ فِي نَحْوِ الْحَلْقِ فِي النُّسُكِ فَيُجْزِي ذَلِكَ

“If a camel or cow is slaughtered and the seven parts are for sacrifice, aqiqah and kaffarah for shaving while performing hajj, then all of them are valid…” (See al-Fatawa al-Fiqhiyyah al-Kubra. Al-Maktabah al-Islamiyyah, 4/256)

  • It is permissible according to the opinion of madhab Hanafi. This is stated by Ibn ‘Abidin al-Hanafi Rahimahullah in his Hasyiah, where he states that it is permissible to share an animal slaughter for aqiqah and sacrifice. The reason is, both worships are means to get closer to Allah SWT (al-qurbah). (See Rad al-Muhtar ‘ala al-Dur al-Mukhtar. Dar al-Fikr, 6/326)
  • As for the famous opinion of al-Malikiyyah scholars, it is impermissible and they ruled it invalid. The reason for this is, the two slaughters are for different purposes and thus, they cannot be combined the same as dam al-Tamattu’and dam al-Fidyah. (See Fatawa Yas’alunak by Prof. Dr. Husamuddin ‘Afanah. Maktabah Dandis, 4/350)

Conclusion

Know that there is a difference of opinions regarding this issue among the scholars, hence, there are options for us. In our opinion, it is permissible to share a single slaughter animal, whether it is a cow or a camel into seven portions, where the portions purpose may be for aqiqah or sacrifice according to the opinion of al-Syafi’eyyah and al-Hanafiah jurists.

The capability of someone to perform the aqiqah or sacrifice should also be taken into consideration. If he is able, then it is prioritized for him to separate both the worship of aqiqah and sacrifice into two slaughter animals to avoid the khilaf (difference of opinions). Wallahua’lam