Can I have a share in slaughtering a cow with the intention that my share is an Aqiqah taking into account that all who want to slaughter the animal have the same intention? In other words, all those who participate in sacrificing the cow have the same intention: slaughtering it as Aqiqah.

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

The Palestinian Ifta’ House issued a fatwa regarding your question. It is No. 270 (Jurisprudence of Rituals: Hajj and Umrah). The question which was sent to them was: “What is the ruling of sharing others in slaughtering a cow when some of them want to sacrifice with the intention of Aqiqah while others have the intention of slaughtering it as an Udhiyah (Eid al-Adha Sacrifice), and what are the conditions which must be available in the  animal to be slaughtered: age or weight?” the answer was the following. Muslim scholars have different opinions regarding the ruling of dividing the cow into shares.

The Malki and Hanbali schools see that having a share in a slaughtered animal will not be sufficient but for one person. In other words, the one who wants to sacrifice because of the new born baby should not have a share in a slaughtered animal.

The Shafi’i school sees that it is allowed to have a share in a cow or a sacrificed animal like a cow provided that the allocated share which is to be an Udhiyah (Eid al-Adha Sacrifice) should be at least one seventh.

Abu Hanifa, Abu Yousuf and Muhammad see that it is allowed to share in slaughtering a cow  if they all have the same intention of devoting the deed to Allah. If anyone has a different intention such as keeping the meat for himself, the deed is not accepted.

Therefore, the preponderant view is to adopt the Maliki’s and Hanbali’s opinions which state that such a participation is not allowed as long as the Muslim is financially able to sacrifice alone.

However, if a Muslim is financially unable, they can adopt the opinion of the Shafi’i school which sees that there is no objection to having a share.

Moreover, regarding the age of the animal (which is to be sacrificed), the prophet (PBUH) said, as Jabir narrated, “Sacrifice only a full-grown animal unless it is difficult for you, in which case sacrifice a ewe which is not older than a year.” The conditions of this sacrifice are: it should be no older than a year, and it should be free of injuries or defects.

Regarding fattened sheep and cows, it is allowed to slaughter any of them if they are kept among older sheep and cows and none can recognize the difference.

The Palestinian Legal Verdict Council decided (item No. 52) that it is allowed to sacrifice fattened sheep and cows because they have more meat than their older peers. Thus, the purpose of the sacrifice which is feeding the poor is achieved.