Buffalo Sacrifice: Salaf View vs. Ijma Claims New

The Sacrifice of Buffalo: Examining the Salaf’s Understanding and Critiquing Claims of Ijma

A Critical Analysis by Shaikh Kifayatullah Sanabili

In discussions surrounding Islamic jurisprudence, understanding the practice and rulings of the Salaf (the Pious Predecessors: Sahaba, Tabi’in, and Tabi’ Tabi’in) holds paramount importance. This post delves into the specific issue of buffalo sacrifice (Qurbani) and Zakat, contrasting the established views of the Salaf with more recent interpretations and claims of consensus (Ijma’).

The Salaf, Buffalo Zakat, and the Silence on Sacrifice

It is acknowledged that buffaloes were not prevalent in Arabia during the earliest period of Islam. However, as the Salaf became aware of buffaloes, they promptly addressed the issue of Zakat on them, equating them with cattle in this regard. Yet, a notable distinction arises: while these early scholars established rulings for Zakat on buffaloes, they did not affirm the permissibility of buffalo sacrifice.

The Salaf who were aware of buffaloes and issued fatwas for Zakat on them did not extend this to sanctioning their sacrifice, even when no explicit prohibition (مانع) existed and circumstances might have seemed to call for it. This suggests that applying Zakat to buffaloes aligns with the understanding (فہم) of the Salaf, whereas considering buffalo sacrifice permissible diverges from their understanding.

The Prophet Muhammad (peace be upon him) said:

« خَيْرُ النَّاسِ قَرْنِي، ثُمَّ الَّذِينَ يَلُونَهُمْ، ثُمَّ الَّذِينَ يَلُونَهُمْ »

“The best people are my generation, then those who follow them, then those who follow them.” (Sahih al-Bukhari 2652)

Those who later permitted buffalo sacrifice do not fall under these primary generations of Salaf. If the Salaf differentiated between these two matters (Zakat on buffaloes and sacrifice of buffaloes), why do we not, in following their path, maintain this distinction? Why, in this matter, are we prioritizing the understanding of the Khalaf (later scholars) over the understanding of the Salaf?

Examining Claims of Ijma’ on Buffalo Sacrifice

Recently, a claim has emerged asserting that there is an Ijma’ (scholarly consensus) on the permissibility of buffalo sacrifice. This claim often relies on selectively quoted statements from scholars, presented out of their original context. Let us examine some of these:

1. Imam Ibn al-Mundhir (d. 319 AH)

Some attribute a claim of Ijma’ to Imam Ibn al-Mundhir, quoting his words:

«وأجمعوا على أن حكم الجواميس حكم البقر»

“The scholars have agreed that the ruling on buffaloes is the same as the ruling on cows.” [Al-Ijma’ by Ibn al-Mundhir, p. 45]

However, this statement is presented out of context. Imam Ibn al-Mundhir made this statement within the “Book of Zakat” (کتاب الزکاۃ). His full statement, including the preceding and succeeding text, is:

« وأجمعوا على أن في أربعين شاة شاة إلى عشرين ومائه، فإذا زادت على عشرين ومائه، ففيها شاتان إلى أن تبلغ مائتين ، وأجمعوا على أن حكم الجواميس حكم البقر، وأجمعوا على أن الضان والمعز يجمعان في الصدقة »

“The scholars have agreed that for forty to one hundred and twenty sheep/goats, one sheep/goat is due as Zakat. If the number exceeds one hundred and twenty, two sheep/goats are due until it reaches two hundred. And the scholars have agreed that the ruling on buffaloes (in Zakat) is the same as the ruling on cows. And the scholars have agreed that sheep and goats are to be counted together for Zakat.” [Al-Ijma’ by Ibn al-Mundhir, Kitab al-Zakat, p. 45]

It is clear that Imam Ibn al-Mundhir is discussing the ruling of buffaloes concerning Zakat, not sacrifice.

Similarly, another quote from Imam Ibn al-Mundhir’s Al-Ishraf ‘ala Madhahib al-‘Ulama (3/12) is presented:

«وأجمع كل من نحفظ عنه من أهل العلم على أن الجواميس بمنزلة البقر، كذلك قال الحسن البصري، والزهري، ومالك، والثوري، وإسحاق، والشافعي، وأصحاب الرأي. وكذلك نقول»

“All the scholars whose opinions we have preserved are in agreement that buffaloes are treated like cows. This was stated by Hasan al-Basri, al-Zuhri, Malik, al-Thawri, Ishaq, al-Shafi’i, and the proponents of reasoned opinion (Ashab al-Ra’y). And this is what we also say.”

Again, this statement is located within the “Book of Zakat” (باب الصدقة في العوامل من الإبل والبقر) in Al-Ishraf. The context confirms he is referring to Ijma’ on the Zakat of buffaloes, not their sacrifice. Presenting these quotes devoid of their context to imply an Ijma’ on buffalo sacrifice is contrary to academic integrity.

2. Imam al-Mawardi (d. 450 AH)

Some present a quote from Abul-Hasan al-Mawardi’s Al-Hawi Al-Kabir (16/108):

«كإجماعهم على أن ‌الجواميس ‌في ‌الزكاة كالبقر»

“Like their consensus that buffaloes in Zakat are like cows.”

Reading this in isolation might suggest that just as there’s an Ijma’ on buffaloes being like cows in Zakat, there might be a similar Ijma’ for sacrifice. However, the full context reveals a different picture. Imam al-Mawardi is discussing the foundations upon which Ijma’ can be established. He lists seven types of evidence, and for the seventh, he states:

«والسابع: أن ينعقد عن استدلال وقياس، كإجماعهم على أن الجواميس في الزكاة كالبقر.»

“The seventh [type of evidence for Ijma’]: That it is established through deduction (istidlal) and analogy (qiyas), like their consensus that buffaloes in Zakat are like cows.” [Al-Hawi Al-Kabir (16/108)]

Imam al-Mawardi is not discussing buffalo sacrifice here at all. He uses the Zakat on buffaloes (being analogous to cows) as an example of an Ijma’ based on deduction and analogy. His classification of this Ijma’ (regarding Zakat on buffaloes) as being based on “istidlal and qiyas” indicates that he did not consider even the Zakat on buffaloes to be explicitly stipulated by a primary text (منصوص), let alone their sacrifice. It is well-understood that matters of worship like sacrifice generally do not permit analogy (qiyas) in the same way.

Imam al-Ruyani (d. 502 AH) in Bahr al-Madhhab (11/128) mentions the exact same point, using the same wording as al-Mawardi, thus the same explanation applies. Neither Imam al-Mawardi nor Imam al-Ruyani claimed Ijma’ on the sacrifice of buffaloes.

3. Imam Ahmad ibn Hanbal (d. 241 AH)

A statement from Imam Ahmad is cited where he was asked:

« الجواميس تجزئ عن سبعة؟»

“Can a buffalo suffice for seven people (in sacrifice)?” [Masail Ahmad wa Ibn Rahwayh: 8/4027]

He replied:

”لا أعرف خلاف هذا“

“I do not know any differing opinion on this.” [Masail Ahmad wa Ibn Rahwayh: 8/4027]

Some use this to claim that Imam Ahmad indicated an Ijma’ on buffalo sacrifice.

This interpretation is problematic for several reasons:

Firstly: Imam Ahmad was not asked about the general permissibility of buffalo sacrifice itself, but specifically about whether one buffalo can count for seven people, assuming its permissibility. His statement about not knowing a contrary opinion relates to the number of shares, relevant only among those who already deem buffalo sacrifice permissible. It does not address the fundamental permissibility.
Secondly: There is a significant difference between stating “I do not know of a differing opinion” (عدم العلم بالخلاف) and claiming “there is no differing opinion” (عدم الخلاف). The former is an admission of one’s own lack of knowledge of a dispute, not a definitive assertion that no dispute exists. It cannot be the basis for claiming Ijma’.
- Imam Ibn Hazm (d. 456 AH) noted: “Some people have included in Ijma’ what is not part of it… and some considered what they knew no difference about as Ijma’, even if they were not certain that there was no difference in it.” [Maratib al-Ijma’, p. 3]
- Imam al-Nawawi (d. 676 AH) stated: “For indeed he said, ‘I do not know any differing opinion in it,’ and his lack of knowledge of a difference does not necessitate the absence of a difference.” [Al-Majmu’ Sharh al-Muhadhdhab 2/377]
- Shaykh al-Islam Ibn Taymiyyah and his student Imam Ibn al-Qayyim have also clarified this distinction.
- Ibn Nujaym al-Hanafi (d. 1005 AH) wrote: “The statement of a Mujtahid, ‘I do not know a dissenter,’ is not a narration of Ijma’.” [Al-Nahr al-Fa’iq Sharh Kanz al-Daqa’iq 1/29]
Thirdly: Particularly when such a statement comes from Imam Ahmad, claiming Ijma’ is unfounded. Imam Ahmad used such expressions where Ijma’ was not established. He was strongly against anyone claiming Ijma’ merely due to their unawareness of a dispute.
- Imam Ahmad (d. 241 AH) said: “Whoever claims Ijma’, his claim is a lie. Perhaps the people have differed. This is the claim of Bishr al-Marisi and al-Asamm. However, one can say that he does not know that people have differed, or that news of a difference has not reached him.” [Masail Ahmad, riwayah ‘Abdullah, p. 439]

It is a great injustice to Imam Ahmad, who considered claiming Ijma’ based on mere “unawareness of differing opinions” to be a “lie,” to then use his own expression of “unawareness of a differing opinion” as a basis for claiming Ijma’. This would be a deviation from Imam Ahmad’s explicit statements and a violation of the principle of not interpreting a scholar’s words in a way they would not endorse.

Conclusion

The claims of Ijma’ regarding the sacrifice of buffaloes, based on the cited statements of Imam Ibn al-Mundhir, Imam al-Mawardi, and Imam Ahmad, are a result of quoting them out of context or misinterpreting their words. The Salaf, while addressing Zakat on buffaloes, did not sanction their sacrifice. This distinction made by the early generations should be carefully considered by those seeking to follow their path.

(Content based on the writings of Shaikh Kifayatullah Sanabili)