An Analysis of the Claim of Consensus (Ijma) on Buffalo Sacrifice
A new claim is being made regarding the sacrifice of buffaloes, stating that there is a consensus (Ijma) on its permissibility. As proof, quotes from some scholars are being presented out of context.
Let us analyze such quotes and see whether a claim of consensus on the permissibility of buffalo sacrifice actually exists in them. Observe:
Some people have attributed a claim of consensus to Imam Ibn al-Mundhir (may Allah have mercy on him, d. 319 AH) and quoted his words:
«وأجمعوا على أن حكم الجواميس حكم البقر»
(There is a consensus among the scholars that the ruling for buffaloes is the same as the ruling for cows)
[Al-Ijma’ by Ibn al-Mundhir, p. 45]
The submission is that:
Imam Ibn al-Mundhir (may Allah have mercy on him) has claimed a consensus here not on the sacrifice of buffaloes, but on the Zakat of buffaloes.
Therefore, Imam Ibn al-Mundhir (may Allah have mercy on him) wrote this in the “Book of Zakat,” and his complete statement, including the preceding and succeeding text, is as follows:
« 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 a consensus that for forty to one hundred and twenty sheep/goats, there is one sheep/goat [for Zakat], and if the number exceeds one hundred and twenty, then there are two sheep/goats [for Zakat] until it reaches two hundred. And the scholars have also reached a consensus that [in Zakat] the ruling for buffaloes is like that of cows, and the scholars have also reached a consensus that sheep and goats will be combined together for Zakat.)
[Al-Ijma’ by Ibn al-Mundhir: Book of Zakat: p. 45]
Please note that Imam Ibn al-Mundhir (may Allah have mercy on him) is stating that the ruling for a buffalo is like that of a cow regarding Zakat, and he is narrating a consensus on this. However, some individuals are cutting it out of context and presenting it as a consensus on the sacrifice of buffaloes.
✿ These words from another passage by Imam Ibn al-Mundhir (may Allah have mercy on him) are also quoted:
«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» [الإشراف على مذاهب العلماء لابن المنذر 3/ 12]
The submission is that:
Here too, Imam Ibn al-Mundhir (may Allah have mercy on him) has claimed a consensus on the Zakat of buffaloes, not their sacrifice.
In this book as well, Imam Ibn al-Mundhir (may Allah have mercy on him) wrote this in the “Book of Zakat,” and his complete statement, including the preceding and following words, is as follows:
”وفيه دليل على أن لا زكاة في غير السائمة. 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. باب جمع الضأن والمعز في الصدقة ، أجمع كل من نحفظ عنه من أهل العلم على أن الضأن والمعز يجتمعان في الصدقة“ [الإشراف على مذاهب العلماء لابن المنذر 3/ 12]
From these details, it becomes evident that Imam Ibn al-Mundhir (may Allah have mercy on him), in both of his books, narrated a consensus solely regarding the Zakat of buffaloes, not about their sacrifice. Therefore, presenting the statement of Imam Ibn al-Mundhir (may Allah have mercy on him) out of context to make it appear as if he narrated a consensus on buffalo sacrifice is completely contrary to academic honesty.
Some individuals have quoted this statement from the book of Abu al-Hasan al-Mawardi (may Allah have mercy on him, d. 450 AH):
«كإجماعهم على أن الجواميس في الزكاة كالبقر»
(Just like their consensus that the buffalo is like the cow in Zakat) [Al-Hawi Al-Kabir 16/ 108]
Reading only this much brings to one’s mind that just as there is a consensus on buffaloes being like cows in the matter of Zakat, there is similarly a consensus on their sacrifice.
However, when you read the complete statement of Imam al-Mawardi (may Allah have mercy on him), a completely different reality appears. Let us look at his complete text.
Imam al-Mawardi (may Allah have mercy on him) is discussing Ijma (consensus) here, and in the first chapter, while mentioning the evidences upon which a consensus is based, he writes:
«فأما الفصل الأول فيما ينعقد عنه الإجماع: فهو ينعقد عن دليل أوجب اتفاقهم عليه لأن ما لا موجب له يتعذر الاتفاق عليه.والدليل الداعي إليه قد يكون من سبعة أوجه»
(The first chapter will discuss the evidences upon which a consensus is based. The formation of a consensus occurs upon evidence that mandates their agreement, because agreement is impossible without a mandatory evidence. And such prompting evidence can be of seven types.) [Al-Hawi Al-Kabir (16/ 108)]
After this, Imam al-Mawardi mentions six evidences, and then further along, while mentioning the seventh evidence, he writes:
«والسابع: أن ينعقد عن استدلال وقياس، كإجماعهم على أن الجواميس في الزكاة كالبقر.»
(The seventh evidence for the formation of a consensus: that the consensus is based on ‘deduction and analogy’ [Qiyas], such as the consensus of the scholars that the buffalo is like the cow in Zakat.) [Al-Hawi Al-Kabir (16/ 108)]
Respected readers!
The statement of Imam al-Mawardi (may Allah have mercy on him), complete with its context, is before you. Here, he is not mentioning buffalo sacrifice in the slightest; rather, he is discussing “deduction and analogy (Qiyas)” as one of the bases of consensus. Then, to clarify this with an example, he narrated the consensus on considering the buffalo like the cow in Zakat.
It should be clear that Imam al-Mawardi’s (may Allah have mercy on him) categorization of this consensus as being based on “deduction and analogy (Qiyas)” is proof that let alone buffalo sacrifice, he did not even consider the Zakat of buffaloes to be established by explicit textual evidence (Nass). Instead, he considered it to be from the category of consensus based on Qiyas and deduction. And there is no need to state that in acts of worship like sacrifice (Qurbani), there is neither room for nor need of Qiyas.
Imam al-Ruyani (may Allah have mercy on him, d. 502 AH) has also mentioned exactly the same thing. Thus, while explaining the foundations of consensus and its types, he writes at number seven:
«والسابع: أن ينعقد عن استدلال وقياس، كإجماعهم على أن الجواميس في الزكاة كالبقر.» [بحر المذهب للروياني (11/ 128)]
These are word-for-word the exact same phrases written by Imam al-Mawardi; hence, whatever we have stated above regarding this also applies here.
The point is:
Neither Imam al-Mawardi nor Imam al-Ruyani claimed a consensus on the sacrifice of buffaloes.
Some people have also attributed a claim of consensus to Imam Ibn al-Qattan al-Fasi (may Allah have mercy on him, d. 628 AH) and quoted his words:
«وأجمعوا أن الجواميس بمنزلة البقر، وأن اسم البقر واقع عليها»
(There is a consensus among scholars that the buffalo stands in the place of the cow, and the term ‘Baqar’ [cow/cattle] applies to it.)
The submission is that:
Imam Ibn al-Qattan al-Fasi (may Allah have mercy on him, d. 628 AH) has narrated a consensus here not on buffalo sacrifice, but on the Zakat of buffaloes. Accordingly, Imam Ibn al-Qattan (may Allah have mercy on him) mentioned this under the “Book of Zakat.”
See: [Al-Iqna’ fi Masa’il al-Ijma’: Book of Zakat: Chapters of Consensus regarding the charity of camels, cows, and sheep/goats, Mention of the charity of cows 1/ 205]
The amusing part is that when this same Imam Ibn al-Qattan (may Allah have mercy on him) mentions the issues of sacrifice in this very book, he mentions a difference of opinion regarding the sacrifice of “Baqar” (cows) and “Ibl” (camels).
Thus, while explaining which animals should be sacrificed and which should be avoided in sacrifice, he writes:
«واتفقوا أن الغنم يكون منها الأضاحي، واختلفوا في الإبل والبقر»
(Scholars agree that sacrifice will be made from sheep/goats, but there is a difference of opinion regarding camels and cows.)
[Al-Iqna’ fi Masa’il al-Ijma’: Book of Sacrifices and Aqiqah: Chapters of Consensus in Sacrifices, Mentioning what suffices and what to avoid therein 1/ 301]
Remember that in the issue of Zakat, Ibn al-Qattan (may Allah have mercy on him) had already written:
« وأن اسم البقر واقع عليها»
(The term ‘Baqar’ applies to the buffalo.)
Now, based on their method of reasoning, the proponents of permissibility must also concede that Ibn al-Qattan has mentioned a difference of opinion regarding buffalo sacrifice.
And they should stop this outcry that no one has mentioned a difference of opinion regarding buffalo sacrifice.
Benefit (Fa’idah):
Several scholars have categorized the inclusion of the buffalo within “Baqar” in the issue of Zakat as analogical (Qiyasi). For example, see: [Al-Hawi Al-Kabir 16/ 108]
Imam Ibn al-Qattan’s (may Allah have mercy on him) stance appears to be the same, because while speaking about the Zakat of buffaloes, he did not call the buffalo a “Naw’ al-Baqar” (type of cow); instead, he said, ”الجواميس بمنزلة البقر“ (the buffalo stands in the place of the cow).
Allamah Ubaidullah Rehmani Mubarakpuri (may Allah have mercy on him) writes:
« والأصل فيه أن يقال الجاموس كالبقرة أو بمنزلة البقرة كما روى ابن أبي شيبة عن الحسن أنه قال: الجاموس بمنزلة البقر، وعلى هذا فليس الجاموس من البقر»
(Fundamentally, regarding the buffalo, it should be said that it is ‘like a cow’ or ‘stands in the place of a cow,’ just as Ibn Abi Shaybah narrated from Hasan al-Basri (may Allah have mercy on him) that he said: ‘The buffalo stands in the place of the cow.’ Consequently, the buffalo is not from the cows.) [Mir’at al-Mafatih Sharh Mishkat al-Masabih 5/ 81]
Some people have also attributed a claim of consensus to Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and quoted his words:
”و الجواميس بمنزلة البقر حكى ابن المنذر فيه الإجماع“
(And the buffalo stands in the place of the cow; Ibn al-Mundhir (may Allah have mercy on him) has narrated a consensus on this.) [Majmu’ al-Fatawa, ed. Ibn Qasim: 25/ 37]
The submission is:
The reference of Ibn al-Mundhir (may Allah have mercy on him) has already been discussed; he narrated this regarding the Zakat of buffaloes, not regarding their sacrifice.
And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) also narrated this specifically in relation to the Zakat of buffaloes. Observe the complete words of Ibn Taymiyyah (may Allah have mercy on him):
«و الجواميس : بمنزلة البقر حكى ابن المنذر فيه الإجماع. وأما بقر الوحش فلا زكاة فيها عند الجمهور وقال بعضهم: فيها الزكاة فإن تولد من الوحشي والأهلي فقال الشافعي: لا زكاة وقال أحمد تزكى…»
(The buffalo stands in the place of the cow; Ibn al-Mundhir (may Allah have mercy on him) has narrated a consensus on this. As for the wild cow, there is no Zakat on it according to the majority, while some say there is Zakat on it as well. And if it is born from the crossbreeding of wild and domestic [animals], then Imam al-Shafi’i says there is no Zakat on it, whereas Imam Ahmad says Zakat will be given on it.)
[Majmu’ al-Fatawa, ed. Ibn Qasim: 25/ 37]
By looking at the complete statement of Ibn Taymiyyah (may Allah have mercy on him), the reality emerges here as well that all of this was said regarding the Zakat of buffaloes, not buffalo sacrifice. Therefore, this reference is irrelevant.
Furthermore, reading the complete statement of Imam Ibn Taymiyyah (may Allah have mercy on him) also reveals that there is greater inclusiveness in the categorization of animals regarding Zakat.
”ولا خلاف بين الفقهاء أن الضأن والمعز يجمعان في الزكاة وكذلك الإبل على اختلاف أصنافها وكذلك البقر والجواميس“
(There is no disagreement among the jurists that sheep and goats will be combined for Zakat, and similarly, all categories of camels will be combined, and similarly, cows and buffaloes will also be combined.)
[Majmu’ al-Fatawa, ed. Ibn Qasim: 25/ 35]
There is complete clarity here that Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) mentioned a consensus regarding these matters in relation to Zakat, not sacrifice. Therefore, this reference is also irrelevant.
In conclusion, whatever references of consensus are presented regarding this matter, they are entirely related to Zakat concerning the buffalo.
(Kifayatullah Sanabali)
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