What constitutes the formal declaration making the sacrificial animal (Hady) obligatory?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The obligation (ijab) regarding the sacrificial animal (Hady) is established by saying, "This is Hady," or by putting the distinguishing marks (taqlid) upon it while intending it to be Hady. This view is held by Al-Thawri and Ishaq. The basis for this ruling is that it constitutes the removal of ownership for the purpose of seeking closeness to Allah (Qurbah), and therefore, it is not obligatory merely by intention, similar to manumission (Ataq) or endowment (Waqf).
Supporting text
The mere act of purchasing the animal while holding the intention (niyyah) does not establish the obligation, nor does the intention alone, according to the opinion of the majority of scholars. Abu Hanifa holds that the obligation is established by the purchase accompanied by the intention.