Is the practice of branding (Ishaar) by cutting the right hump side of camels and cattle recommended (Sunnah)?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
The recommendation (Sunnah) for branding (Ishaar) camels and cattle, which involves cutting the right side of their hump until it bleeds, is the position held by the majority of scholars. The justification rests upon the action of the Prophet, peace be upon him, as narrated by Aisha, who stated she twisted the necklaces of the sacrificial animals (Hady) and then branded them and placed the necklaces on them. This action, also practiced by the Companions, takes precedence over general prohibitions cited by others. Furthermore, it is permissible because it is a permissible harm inflicted for a valid purpose, analogous to cauterization (Kayy), branding (Wasm), bloodletting (Fasd), and cupping (Hijama). The purpose is to prevent mixing with other animals and deter theft, which simple neck-chaining cannot guarantee as the chain might loosen and fall off. The analogy used by opponents is refuted by referencing cauterization and branding.
Supporting text
Abu Hanifa deems this practice impermissible mutilation because the Prophet forbade animal torment, and since it involves pain, it is comparable to severing a limb. Malik permits it only for cattle that possess a hump, not otherwise. The position favoring the left side for branding is held by Malik and Abu Yusuf, based on the practice of Ibn Umar. This view is also reported from Ahmad.