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Fatwa CenterWhat if the ‘Udhhiyah died before the ‘Eed day?
Question
Assalam Alaikum There is a situation. A friend of mine has bought an animal for Eid ul Adha for Rs. 71000 PKR. The animal is seriously sick now and has little chance of survival. What if the animal dies. My friend and his family is not at all in a situation to a buy another animal. The local Mufti told them that it will obligatory upon them to buy another animal no matter what, if this animal dies. Please respond soon,its urgent. Assalam Alaoikum.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, it should be noted that if the man whom you mentioned in the question had bought the ‘Udhhiyah (the ‘Eed’s sacrificial animal) in a sound and healthy condition and then it became sick, and he was not the one who caused its sickness, then he is permitted to slaughter it if it was still alive and it would be considered as a valid ‘Udhhiyah – Allaah willing – according to the view of the majority of the scholars, contrarily to the view of the Hanafi School of jurisprudence.
Ibn Qudaamah 
said in his book entitled Al-Mughni: “In case a person bought an animal as an ‘Udhhiyah and it became defective, then it is permissible for him to slaughter it and it will be considered as a valid ‘Udhhiyah; meaning that if one determined a healthy sacrificial animal that is free from any defects as an ‘Udhhiyah and then it happens that it becomes defective in a way that prevents it from being sufficient, he may slaughter it and it will be sufficient for him. This was reported from ‘Ataa’, Al-Hasan, An-Nakha’i, Az-Zuhri, Ath-Thawri, Maalik, Ash-Shaafi’i and Is’haaq 
all. However, the scholars of the Hanafi School said that it is not sufficient for him because the ‘Udhhiyah in their view is an obligation, and so, one cannot be absolved of liability except by shedding its blood while it is in a healthy condition; it is the same thing as if he made it an obligation upon him to slaughter [an animal] and he designated it, then it became defective. However, our evidence (which supports the argument of the majority of scholars) is what was narrated from Abu Sa’eed 
who said: “We bought a ram for ‘Eed sacrifice, and a wolf ate from its fat tail. Then, we asked the Prophet, sallallaahu ‘alayhi wa sallam, and he ordered us to slaughter it as an ‘Udhhiyah” [Ibn Maajah]. This is because it is a defect that occurred in the obligatory ‘Udhhiyah; so it does not prevent it from being sufficient, it is the same as if a defect occurred to it when trying to slaughter it. Further, we do not think that the obligation pertains to the person's liability; rather, the obligation pertains to the sacrificial animal itself, but if the defect is caused by him, then he has to replace it, and this is the view of Ash-Shaafi’i.”
In addition to this, the ‘Udhhiyah is a confirmed Sunnah according to the view of the majority of scholars but Hanafi scholars consider it to be an obligation on a well-off person. The author of Al-Bahr Ar-Raa’iq stated: “It [the ‘Udhhiyah] has conditions for it being an obligation upon a person, and other conditions related to being valid (sufficient) and to its description (qualities): the first is that the person should be resident and well-off … being well-off is a condition because it is only an obligation for a person who is able to perform it, i.e. for the rich and not the poor…”
In case the sacrificial animal dies and the person is not well-off nor able to buy another one, then he is not sinful and he is not required to do anything, and he is not obliged to provide another one, even according to the Hanafi School who are of the view that ‘Udhhiyah is an obligation. The author of Badaa’i’ As-Sanaa’i’ stated: “If he is not well-off and he bought a sheep as an ‘Udhhiyah and it died during the days of slaughtering or that it was lost, then he becomes absolved from liability and he is not required to replace it with another one …”
Based on the above, what you mention from this particular Mufti, that those people are obliged to buy another ‘Udhhiyah whatever the circumstances if the animal dies, then we are not aware of any scholar who has said this. Allaah Says (what means): {Allaah burdens not a person beyond his scope.} [Quran 2:286]
Also, the obligations are waived off if one is not able to perform them, not to mention that the ‘Eed sacrifice is a desirable Sunnah according to the view of most scholars and not an obligation as you have believed. For more benefit, please refer to Fatwa 81799.
Allaah Knows best.
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