IRSYAD AL-FATWA HAJJ AND KORBAN SERIES 41: THE RULING OF SELLING THE KORBAN MEAT

 IF Hajj Korban 41

 

Question:

Assalamualaikum. I received some kilos of korban meat and I am short in money. Is it permissible for me to sell them to get money?

Thank you.

Brief Answer:

The act of selling korban meat received is prohibited if the recipient is among the rich. While if the recipient is among the poor, then it is permissible.

Arguments and Analysis

Korban is a highly commendable act of worship in Islam. Korban is only done once a year along with the Eid al-Adha celebration. Allah SWT says:

وَلِكُلِّ أُمَّةٍ جَعَلْنَا مَنسَكًا لِّيَذْكُرُوا اسْمَ اللَّهِ عَلَىٰ مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ

And for all religion, We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] animals.

Surah al-Hajj (34)

Korban is Sunnah muakkadah to Madhhab al-Shafi’e as the symbol of preserving the Islamic eminence for those who are capable. (Refer al-Mu’tamad fi Fiqh al-Syafie, 2:478)

Among the main reason for doing korban is as a symbol of concern towards society through the distribution of the meat to those who are eligible especially towards the needy and poor. Allah SWT says:

فَكُلُوا مِنْهَا وَأَطْعِمُوا الْبَائِسَ الْفَقِيرَ

So eat of them and feed the miserable and poor.

Surah al-Hajj (28)

The Prophet PBUH prohibits giving korban meat as the wage for the slaughterer. As narrated by Ali bin Abi Talib:

أَمَرَنِي النَّبِيُّ صلى الله عليه وسلم أَنْ أَقُومَ عَلَى الْبُدْنِ، وَلاَ أُعْطِيَ عَلَيْهَا شَيْئًا فِي جِزَارَتِهَا‏

"The Prophet (ﷺ) ordered me to supervise the slaughtering (of the Budn) and not to give anything (of their bodies) to the butcher as wages for slaughtering."

Sahih al-Bukhari and Muslim

There is a narration by Imam Muslim with the addition from Ali bin Talib RA:

نحْنُ نُعْطِيهِ مِنْ عِنْدِنَا

“We give the slaughterer a wage from our own (money)”

Then Imam al-Nawawi said that the selling of the skin, meat or any parts from it is prohibited in madhhab al-Shafi’e. This is as stated by him in his book:

وَمَذْهَبُنَا أَنَّهُ لَا يَجُوزُ بَيْعُ جِلْدِ الْهَدْيِ وَلَا الأضحية ولا شيء من أجزائهما

“In my knowledge, the scholars decided that the korban meat is not to be sold”

(Refer Bidayah al-Mujtahid Wa Nihayah al-Muqtasid 2/201)

However, if the recipient of the korban meat is among the poor and needy, then it is permissible to be sold. Habib Abdul Rahman al-Ba’lawi mentioned in his book:

وللفقير التصرف في المأخوذ ولو بنحو بيع الْمُسْلَمِ لملكه ما يعطاه، بخلاف الغني فليس له نحو البيع بل له التصرف في المهدي له بنحو أكل وتصدق وضيافة ولو لغني، لأن غايته أنه كالمضحي نفسه،

“For the needy and poor, spending the korban part he received even by selling it (is permissible) because he already owned it, different from the rich who did so is prohibited, but he may use the korban meat by giving sadaqa or feeding the neighbours even if they are rich. This is because their position is the same as those who did the korban.”

(Refer al-Bughyah al-Mustarshidin, 319)

Conclusion

In conclusion, the action of selling the korban meat received is prohibited if the recipient is among rich people. While if the recipient is among the poor, then the action is permissible.

Wallahu a’lam.


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