What is the ruling if a specifically designated sacrificial animal (*mu'ayyan*) is lost, and the owner offers a substitute, and then the original animal is found?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 6

Open in Qurani

Primary text

If the designated animal is lost and another is slaughtered as a substitute, and subsequently the original lost animal is found, both animals must be slaughtered. This ruling is supported by 'Umar, his son, Ibn 'Abbas, and the practice of 'A'ishah. It is the opinion adopted by Malik, Al-Shafi'i, and Ishaq. The evidence for this is reported from 'A'ishah, who, after losing two sacrificial animals (*hadyayn*) she had dedicated, slaughtered two others sent by Ibn al-Zubayr. When the original two were later found, she slaughtered those as well, stating, 'This is the Sunnah of the Hady.' This ruling is also reasoned because the right of Allah became attached to both animals, either by the obligation of the first and the slaughter of the second, or by the obligation of one and the designation of the other.

Supporting text

According to the Hanafi school's view (Ashab al-Ra'y), if the designated sacrificial animal becomes defective (*ta'ayab*) and is replaced, the owner may do as he wishes with the defective one or return it to the ownership of one of the parties, because he has already fulfilled his obligation by slaughtering the replacement, similar to a case where the designated animal perishes. This position also applies to the scenario where a replacement was offered for the lost animal.