Bidayat al Mujtahid
The Distinguished Jurist's Primer 
 by Ibn Rush-
Translated by Professor Imran Ahsan Khan Nyazee

From Volume I Paperback  'Bidayat al-Mujtahid:The Distinguished Jurist's Primer (Full Set Page 516-517

XIII

THE BOOK OF DAHAYA 364 (Sacrifices)  
[364 The Blood Sacrifice offered on the day of 'Id al-Adha']  

13.1. Chapter 1 The Hukm of the Sacrifices and the Persons Addressed

The jurists disagree about sacrifices whether they are obligatory or are a sunna. Malik and al-Shafi'i held that it is one of the sunna mu'akkada (emphatic sunna). Malik made an exemption in the case of the pilgrim for relinquishing it at Mina. Al-Shafi'i did not make distinction between pilgrims and others .

Abu Hanifa's said that the sacrifice is obligatory for  those residents of the cities who can afford it, and that it is not obligatory for travellers. He was opposed in this by his two disciples Abu Yusuf and Muhammad who maintained that it is not obligatory (but is a sunna). The same opinion as Abu Hanifa's is also related from Malik.

There are two reasons for their disagreement. The first is whether the act of the Prophet (God's peace and blessing be upon him) in this is to be construed as implying an obligation or recommendation. This is so as the Messenger of Allah (God's peace and blessing be upon him), in what is related from him, never gave up offering of sacrifices even while travelling, as is laid down in the tradition of Thawban, who said " The Messenger of Allah (God's peace and blessing be upon him) slaughtered his sacrificial animals and said ' O Thawban carve out the meat of this sacrificed animal'.  I continued to feed him [The Prophet] from its meat [to people] until he reached Madina".  The second reason is their dispute about the traditions that lay down the ahkam of sacrifices. It is established from the Prophet (God's peace and blessing be upon him) in the tradition of umm Salama that he said " When the first ten days (of Dhu al-Hijja) begins and one of you intends to make a sacrifice, he should not clip his hair or nails [until he makes the sacrifice] " ,366 They said that his words," one of you intends to make sacrifice",contains an evidence that sacrifice is not obligatory. When the prophet (God's peace and blessing be upon him) ordered Abu Burda to repeat his sacrifice for he had slaughtered it before the prayer, a group of jurists understood this to imply obligation. The opinion of Ibn Abbas is that there is no obligation. Ikrima said that Ibn Abbas sent him with two dirhams to buy meat, and said : Tell the person you meet that this is the sacrifice of Ibn Abbas. It is related from Bilal that he sacrificed a rooster. Arguing on the basis of tradition that has not been laid down on the specific issue is weak.

They disagreed about whether it is binding upon a person, who intends to make a sacrifice, not to clip his hair and nails in the first ten days (of thou al-hijja). The tradition about it is authentic. 367