Fatwa ID: 06745

Answered by: Alimah Sherbhanu Jadwat

Question:

If a person bought his wajib qurbani animal and passed away before the day of Eid, can the animal still be sacrificed on behalf of the deceased, or does the animal become part of the estate?

If the animal can not be sacrificed on behalf of the deceased, what should one do if the deceased was part of a share in a 7-share animal?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The deceased is not mukallaf for Udhiyyah as he was not alive during the days of sacrifice. Qurbaani is not waajib upon him post-humously.The Qurbaani animal thus becomes part of the deceased’s estate.

If the deceased specifically made waseeyah that the animal must be sacrificed on his behalf, then it is compulsory for the heirs to do so.

The animal may be sold and the money distributed to the heirs according to their respective shares.

However, it is best, with the mutual agreement of the heirs, that the animal may be slaughtered on behalf of the deceased as a Nafl Qurbaani, with the intention of Esaale Thawaab for the deceased.

If it is a one–seventh share in an animal, the share could be sold to one of the heirs or to anyone else; for their waajib or nafl Qurbaani.

References:

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، أَخْبَرَنَا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ، عَنِ ابْنِ عَبَّاسٍ ـ رضى الله عنهما ـ أَنَّ سَعْدَ بْنَ عُبَادَةَ ـ رضى الله عنه ـ اسْتَفْتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ إِنَّ أُمِّي مَاتَتْ وَعَلَيْهَا نَذْرٌ‏.‏ فَقَالَ ‏

اقْضِهِ عَنْهَا

البخاري ٢٧٦١

Only Allah (عز و جل) knows best

Written by Alimah Sherbhanu Jadwat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham