Can a person replace a dedicated sacrificial animal (Hady) with a better one after dedicating it?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
If a person obligates a Hady (sacrificial animal), they have the right to replace it with a better one or sell it to purchase a superior replacement. This view is stated by Ahmad and adopted by the majority of his associates, as well as being the position of Abu Hanifa. The evidence for this is that votive offerings (Nudhur) are treated according to the principles of obligatory duties (Fard), specifically Zakat, where replacement is permissible. Furthermore, if the original owner's property rights were entirely removed upon dedication, the animal would not revert to him upon its demise, unlike other forms of property where the right is extinguished. The argument against restricting replacement is invalidated by analogy with a conditionally manumitted slave (Mudabbara), which is permissible to sell, as evidenced by the Prophet, peace be upon him, selling one.
Supporting text
Abu al-Khattab stated that ownership of the animal departs from the dedicator, rendering it impermissible for him to sell or replace it. This is the position of Malik and Shafi'i. They argue that the Hady is a right attached to the physical entity, extending even to offspring, thus prohibiting sale, similar to seizure (Istila'). They further reason that since replacing it with an equal animal is not permitted, replacing it with a better one is also impermissible, analogous to other items whose sale is invalid.