Answered by Ustadh Tabraze Azam
Question: As salam alaykum,
I have recently completed Hajj. On 10th Dhul Hijjah like many people I paid for someone to complete the animal sacrifice on my behalf. Unfortunately on our way to the pelting we got a phone call saying that it had been done (before we could pelt at the jamarat ).
I have been recently informed that the Ahnaf do not consider this acceptable. Therefore I wanted to ask what is the Hanafi fatwa on the matter. Is a sacrifice necessary?
Answer: Wa alaikum assalam wa rahmatullahi wa barakatuh,
I pray that this message finds you well, insha’Allah.
No, a sacrifice (dam) is not required if you perform the stoning rite (rami) before the slaughtering (dhabh) as somebody performing both the hajj and `umrah (hajj al-qiran/al-tamattu`) together in a single journey. (Neither is it required if you are performing only the hajj itself (hajj al-ifrad), without an accompanying `umrah.)
This ruling is according to the position of the Companions (sahibayn) because they did not consider it necessary (wajib) to uphold an order (tartib) between the stoning and slaughtering. Further, due to the vast number of people now in attendance and the difficulty of managing the entire pilgrimage, there can be some degree of hardship in sticking to the relied upon position for every single ruling.
This is contrary to the position of Imam Abu Hanifa himself which is based on the words of Ibn `Abbas (may Allah be pleased with him), “Whoever brings forth a rite before a subsequent rite must sacrifice.” This is the basis and it should be followed, but there is leeway in the matter, particularly if you have an excuse in your specific situation.
[Qari, al-Maslak al-Mutaqassit; Zayla`i, Tabyin al-Haqa’iq]
Please also see: A Hajj Reader and: What is the Preferable Type of Hajj in the Hanafi School: Tamattu’ or Qiran? and: Leaving the Position of Abu Hanifa and How to Determine the Relied-Upon Position in the Hanafi School
And Allah alone knows best.
Checked & Approved by Shaykh Faraz Rabbani