What is your opinion on a group of people who bought a cow and divided it into seven parts, intending the part of each man to be on behalf of him and his family. Is this sufficient?
The issue in question is an object to two conflicting views of scholars:
It is permissible (Part No. 11; Page No. 396) to have a share of one seventh of a camel and a cow by analogy with the permissibility of having a share in a sheep to be given on behalf of a man and his family, for the latter is substantiated by evidence.
It is impermissible to have a share of one seventh of a camel or a cow. Adherents of such an opinion hold that the basic principle is impermissibility of such a sharing. According to them, Qiyas (analogy) in such a case is invalid as Qiyas is invalid and may not be considered in case it conflicts with a Nass (religious texts). Nass is the evidence denoting that a camel or a cow is sufficient to be slaughtered on behalf of seven.
It is recorded by Imam
on the authority of
Hudhayfah (may Allah be pleased with him) that he said:
During his Hajj, the Prophet (peace be upon him) allowed a cow to be shared by seven Muslims (in sacrifice).
Jabir (may Allah be pleased with him) is reported to have said:
We joined Allah's Messenger (peace be upon him) in Hajj and `Umrah and seven persons shared in the sacrifice of an animal. A person said to Jabir (may Allah be pleased with him): Can seven persons share in the sacrifice of a Badnah (a camel) as they share in al-Jazur (a cow)? He, (Jabir) said: It (al-Jazur) is nothing but one among the budun.
(Related by Muslim.)
Al-Tahawy in Sharh Ma`ani Al-Athar reported the same on the authority of
Anas (may Allah be pleased with him) as the custom of the Companions of the Messenger of Allah (peace be upon him). (Part No. 11; Page No. 397) He said:
The Companions of the Prophet (peace be upon him) used to share in the sacrifice the camel and the cow, each between seven persons.
Among the adherents of the impermissibility of such a sharing from among the Imams of the Salafiyyah (those following the way of the righteous predecessors) are Sheikh
`Abdullah ibn `Abdul-Latif, Sheikh
`Abdullah Ababtin, and the Mufty of K.S.A. Sheikh Muhammad ibn Ibrahim, may Allah show mercy to all of them.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.