Is it permissible to eat from Hady that is obligatory (Wajib)?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 3 · Bab 6

Open in Qurani

Primary text

It is permissible to eat from Hady pertaining to Tamattu' and Qiran because the Prophet's wives partook of the meat from the cow sacrificed on behalf of the wives during the Farewell Pilgrimage, where Aisha had performed Tamattu' and subsequently became a Qarinah. Furthermore, the Prophet ordered that a piece be taken from every camel sacrifice, from which he and Ali ate and drank the broth. These are acts of worship (Nusuk) and thus resemble voluntary offerings.

Supporting text

The argument against eating from obligatory Hady is based on the precedent set by Al-Shafi'i, who argues that since it is Hady that became obligatory due to Ihram, eating from it is not permissible, similar to the expiatory blood sacrifice (Dam al-Kaffarah). The opposing view argues that Hady obligatory due to prohibited acts, such as Jaza' al-Sayd, is prohibited to eat from.