The foundational evidence on this topic is the hadith of Sayyiduna Ali ibn Abi Talib (may Allah be pleased with him), who stated:
أَنَّ النَّبِيَّ صلی اللہ علیہ وآلہ وسلم أَمَرَهُ أَنْ يَقُومَ عَلَى بُدْنِهِ، وَأَنْ يَقْسِمَ بُدْنَهُ كُلَّهَا لُحُومَهَا وَجُلُودَهَا وَجِلَالَهَا، وَلَا يُعْطِيَ فِي جِزَارَتِهَا شَيْئًا، قَالَ: نَحْنُ نُعْطِيهِ مِنْ عِنْدِنَا
The Prophet (peace and blessings of Allah be upon him) appointed him in charge of his sacrificial camels and commanded him to distribute all of them – their meat, hides, and coverings – and not to give any of it to the butcher (as wages). Sayyiduna Ali (may Allah be pleased with him) said: We would then give the butcher his wages from our own pocket.
[Reported by al-Bukhari in Kitab al-Hajj, Bab Yatasaddaqu bi-Julud al-Hadi; Muslim in Kitab al-Manasik, Bab man Jallala al-Badanah; Ahmad (1/79); al-Darimi (2/74). See also al-Irwa’ (1161).]
In the commentary of this hadith, Sheikh Ibn Uthaymeen (may Allah have mercy on him) states in “Sharh Zad al-Mustaqni'” (7/514):
His (peace and blessings of Allah be upon him) saying: “ولا يبيع جلدها” meaning, he should not sell its hide after slaughtering it because all its parts have been designated to be given in charity for the sake of Allah. It is not permissible to take any compensation for what has been designated for Allah. The evidence for this is the hadith of Sayyiduna Umar ibn al-Khattab (may Allah be pleased with him), that he gave his horse to someone for Jihad in the cause of Allah. But that person began to neglect it. Then Sayyiduna Umar (may Allah be pleased with him) came to the Prophet (peace and blessings of Allah be upon him) and sought permission to buy it back. Upon this, the Prophet (peace and blessings of Allah be upon him) said:
لَا تَشْتَرِي وَلَا تَعُدْ فِي صَدَقَتِكَ، وَإِنْ أَعْطَاكَهُ بِدِرْهَمٍ فَإِنَّ الْعَائِدَ فِي صَدَقَتهِ كَالْعَائِدِ فِي قَيْئِهِ
Do not buy it and do not take back your charity, even if he gives it to you for a dirham, for the one who takes back his charity is like the one who licks his own vomit.
[Sahih al-Bukhari 1490]
The reason (illah) for this is that if he had given it for the sake of Allah the Almighty, then it is not permissible for a person to take back what he has given for Allah. For this reason, it is not permissible for one who has migrated from the lands of shirk (polytheism) to go back and settle there again. Because he left that place for the sake of Allah the Almighty, so he should not return to that thing which he left for Allah’s sake.
Question: What is the ruling on those who perform the sacrifice gifting, donating, or giving in charity the hides of their animals to any reformist organization or committee… so that they may benefit from it by selling it to Muslim leather merchants… and then using that price for prayer halls, mosques, Quranic schools, or other reformist works?
Answer:
The Sunnah is to give the hides of the sacrifice in charity, as is in the hadith of Sayyiduna Ali ibn Abi Talib (may Allah be pleased with him)… It is the same whether the one upon whom the charity is given is a specific person or an entity that has the ruling of a legal personality, whose expenditures are Islamically legitimate.
And with Allah is all success, and may peace and blessings be upon our Prophet Muhammad, his family, and his companions.
The Standing Committee for Scholarly Research and Ifta’, Fatwa No. (15703).
President: Abdul Aziz bin Abdullah bin Baz
Members: Bakr Abu Zayd, Abdul Aziz Al Al-Sheikh, Salih al-Fawzan, Abdullah bin Ghudayyan
Question: Muslims in Malaysia asked for a detailed fatwa… they mentioned the hadith: “Whoever sells the hide of his sacrifice, there is no sacrifice for him.” (Sahih al-Targhib 1088). The issue is that those who perform the sacrifice do not sell it directly; rather, they give it as charity to Islamic organizations. Then the ownership is transferred to them, and they sell it… If we do not give the hides to them, they will go to waste.
Answer:
After reading this query, the Committee issues the fatwa that if one gives the hide of his sacrifice to a poor person or his representative, there is no prohibition on him selling it and using the money for the benefit of the poor. The one who is forbidden from selling is only the person who performed the sacrifice himself. Similarly, charitable societies and organizations can sell the hides they have collected and spend the money on the welfare of the poor.
The Standing Committee for Scholarly Research and Ifta’, Fatwa No. (16411).
President: Abdul Aziz bin Abdullah bin Baz; Vice President: Abdul Razzaq Afifi
Members: Bakr Abu Zayd, Abdul Aziz Al Al-Sheikh, Salih al-Fawzan, Abdullah bin Ghudayyan
Question: A common practice has spread here during Eid al-Adha where people give the sacrificial hides to mosques… the committee members inform the donors that they will sell these hides and spend the proceeds on the needs of the mosque. What is the ruling?
Answer:
The hides of the sacrifice are the hides of the sacrifice. Either the one who performs the sacrifice benefits from them… Or he gives it in charity to the poor and needy. He should not sell it himself, nor give it to any entity that will sell it. Rather, he should give it directly to the poor and needy so that they may benefit from it… This is the preponderant view on this issue.
Question: We are a religious committee for the construction of a mosque… On Eid al-Adha, we collect sacrificial hides from people… we inform them beforehand that we will sell these hides and use the proceeds for the needs of the mosque. Is there any Islamic legal opposition to this act?
Answer:
الحمد لله ربّ العالمين والصلاة والسلام على من أرسله الله رحمة للعالمين، وعلى آله وصحبه وإخوانه إلى يوم الدين، أمّا بعد:
What is most apparent is the impermissibility of selling anything from the sacrifice, whether it is the hide or anything else. This is the madhhab (school of thought) of Imam Malik, al-Shafi’i, and according to the well-known opinion, Ahmad, and Abu Yusuf… based on the hadith of Sayyiduna Ali (may Allah be pleased with him).
Therefore, no transaction should be made with it, except for what the Messenger of Allah (peace and blessings of Allah be upon him) made permissible, which is to benefit from its hide oneself…
When it is known that this transaction is not originally permissible for oneself, then it is not permissible to appoint someone else as a representative either. Because the end does not justify the means. Therefore, it is necessary to take care of the construction and establishment of mosques through other means…
And knowledge is with Allah alone…
Fatwa No. 94.
Algiers, 12 Rabi’ al-Thani 1422 H
The sacrificial animal is called Udhiyah and Dahiyyah. Its definition is: “The camel, cow, and goat that are slaughtered on the day of Eid al-Adha and the days of Tashreeq… to attain nearness to Allah.”
Among the etiquettes of sacrifice is that it is not permissible to sell the meat of the sacrifice, nor the hide; rather, the command is to give both in charity. Meaning, the buying and selling of its meat is forbidden (haram).
It is narrated from Hazrat Ali (may Allah be pleased with him) in Sahih Muslim:
أَنَّ نَبِىَّ اللَّهِ -صلى الله عليه وسلم- أَمَرَهُ أَنْ يَقُومَ عَلَى بُدْنِهِ وَأَمَرَهُ أَنْ يَقْسِمَ بُدْنَهُ كُلَّهَا لُحُومَهَا وَجُلُودَهَا وَجِلاَلَهَا فِى الْمَسَاكِينِ وَلاَ يُعْطِىَ فِى جِزَارَتِهَا مِنْهَا شَيْئًا.
That the Prophet of Allah ﷺ commanded me to supervise his sacrificial animals and also commanded me to give all their meat, their hides, and their coverings in charity… and not to give anything from it as wages to the butcher.
It is narrated from Hazrat Abu Sa’id (may Allah be pleased with him) that the Messenger of Allah ﷺ said:
…I make the meat of the sacrifice permissible for you, so eat as much as you wish, but do not sell the meat of the Hadi (sacrificial animal in Hajj) and the Udhiyah (sacrifice). Eat and give in charity.
Fatawa Muhammadiyah, Vol: 1 / Page: 612
ھذا ما عندی واللہ اعلم بالصواب
This is what I have, and Allah knows best what is correct.
وَبِاللّٰہِ التَّوْفِیْقُ
And with Allah is all success.
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