Injury to Sacrificial Animals or their Loss

154 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that the man who was in charge of the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, said, " Messenger of Allah, what should I do with a sacrificial animal that gets injured? " The Messenger of Allah, may Allah bless him and grant him peace, said to him, " Slaughter any sacrificial animal that is injured. Then throw the garlands in its blood, and then give the people a free hand in eating it."

[Abu Dawud, at-Tirmidhi and Ibn Majah]

155 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab said, " If someone dedicates an animal voluntarily and then it is injured and he kills it and gives everyone a free hand in eating it, he owes nothing. If, however, he eats some of it himself, or tells certain other people to eat it, then he owes compensation."

156 Yahya related the same as that to me from Malik from Thawr ibn Zayd ad-Dili from 'Abdullah ibn 'Abbas.

157 Yahya related to me from Malik that Ibn Shihab said, " If someone dedicates an animal as compensation, or for a vow, or as the sacrifice for Hajj at-Tamattu', and misfortune befalls it on the road, he must provide a substitute."

158 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, " If someone dedicates an animal and then it goes astray or dies, he should provide a substitute, if it was for a vow. If, however, it was voluntary, then he can either provide a substitute for it or not, as he wishes."

159 Yahya related to me from Malik that he had heard the people of knowledge say, " Someone who dedicates a sacrificial animal for compensation or as part of the hajj should not eat from it."

20.48 The Animal to be Sacrificed on account of Intercourse in Ihram

160 Yahya related to me from Malik that he had heard that 'Umar ibn al-Khattab and 'Ali ibn Abi Talib and Abu Hurayra were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said, " The two of them should carry on and complete their hajj. Then they must do hajj again the following year, and sacrifice an animal."

Malik added that 'Ali ibn Abi Talib said, " When they then go into ihram for hajj in the following year they should keep apart until they have completed their hajj."

161 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn al-Musayyab asking a group of people, " What do you think about someone who has intercourse with his wife while he is in ihram? " and none of them answered him. Sa'id said, " There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, " They should be kept apart until the following year, " and Sa'id ibn al-Musayyab said, " They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. When the following hajj comes, they must do hajj and sacrifice an animal. They should go into ihram for the hajj that they have spoiled, and they should keep apart until they have finished their hajj."

Malik said, " They should both sacrifice an animal."

Malik said about a man who had intercourse with his wife during hajj after he had come back from 'Arafa but before he had stoned the Jamra, " He must sacrifice an animal and do hajj again the following year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an 'umra and sacrifice an animal and he does not have to do another hajj."

Malik explained, " What spoils a hajj or an 'umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is ao made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or 'umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing 'umra, she must repeat the 'umra she has spoiled and sacrifice an animal."

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