Is the slaughterer liable for compensation if he slaughters a designated sacrifice without the owner's permission?
General Chapter
Al-Mughni
Book of Sacrifices (Uḍḥiyah)
Primary text
The slaughterer is not liable for compensation (*arsh*) when he slaughters the designated animal without permission, provided the sacrifice is fulfilled for the owner. This is because the sacrifice has taken effect and fulfilled its purpose; if it had been done with permission, no liability would arise. Furthermore, this is the spilling of blood that is specifically required for the sake of Allah (Exalted is He), and therefore, whoever spills it is not liable, similar to the killer of an apostate without the Imam's permission. Additionally, any required compensation would be the difference between its value when designated for slaughter during these days and its value when slaughtered, but there is no inherent value attributed to that remaining duration of life, nor a difference between the two values, rendering the imposition of compensation impossible.
Supporting text
It is argued that if compensation were due, it must be due either to the sacrificing owner or to the poor recipients. It cannot be due to the poor because they are only entitled to the meat after slaughter; giving them the living animal would not suffice. It cannot be due to the owner because he cannot take compensation for something that has fulfilled a religious obligation, analogous to receiving compensation for a body part of the sacrificed animal. Since the opposing view concedes that compensation is not paid to the poor, imposing it becomes void due to the lack of a deserving recipient.