What constitutes permission for the poor to take from the Hady (sacrificial animal)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

Permission for the poor to take from the Hady is established by either explicit verbal permission, as indicated by the Prophet's saying, "Whoever wishes, may cut off (a portion)", or by indication signifying permission, such as leaving them alone with the animal (Takhliyah).

Supporting text

Al-Shafi'i, in one of his opinions, mandates that permission must be explicitly verbal. The Prophet's instruction to the driver of the camel to dye its shoe in its blood and strike its flank serves as evidence that indication, or similar actions, suffices without explicit verbal instruction, as otherwise, such an instruction would be meaningless.