Does the sacrifice of an owner-designated animal (*udhiyah*) by another person without the owner's permission fulfill the obligation for the owner?
General Chapter
Al-Mughni
Book of Sacrifices (Uḍḥiyah)
Primary text
If an owner designates an animal for sacrifice (*udhiyah*), and another person slaughters it without the owner's permission, the sacrifice is considered fulfilled for the owner, and the slaughterer incurs no liability (*daman*). This is the position held by Abu Hanifa. The evidence supporting this view is that the act of slaughter does not necessitate the intention (*niyyah*) of the owner, thus if performed by another, it suffices on his behalf, analogous to purifying one's garment from impurity.
Supporting text
Malik holds that the animal becomes mere meat for the owner, obligating the slaughterer to pay the owner compensation (*arsh*) for the value of the animal while alive and whole, and the owner must provide a substitute sacrifice. This is because slaughter is an act of worship (*ibadah*), and if performed by someone other than the owner without permission, it does not count, similar to Zakat. Al-Shafi'i holds that it fulfills the obligation for the owner, but the slaughterer owes the owner compensation equal to the difference between the animal's value when sound and its value when slaughtered, as slaughter is one of the primary objectives of the sacrificial offering; if performed without the owner's consent, the slaughterer is liable, similar to liability for distributing the meat.