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Offering udh-hiyah on behalf of those whom the person does not provide for is not valid

Question

I usually spend the ‘Eed vacation in the house of my uncle; the father of my wife. In ‘Eed Al-Adh-ha, I do not offer a sacrifice because my uncle does. Should I suffice with the udh-hiyah (sacrifice) of my uncle or offer udh-hiyah on my own behalf? If I should, what should I do concerning the years in which I did not slaughter?

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

According to the preponderant opinion of Muslim scholars, udh-hiyah religiously avails its owner and the people of his house whom he is responsible for providing for, even voluntarily.

It appears from your question that your uncle does not provide for you or your children.

Therefore, the udh-hiyah of your uncle does not avail you religiously. However, it is permissible for you to share in the udh-hiyah if it is a camel or a cow. If it is a sheep, then sharing is not valid.

You should slaughter an udh-hiyah on behalf of yourself and your children, even if you are in the house of your uncle. You do not have to make up for the years in which you did not offer udh-hiyah because it is a confirmed act of the Sunnah, according to the majority of scholars, unless you like to make up for it, then you may do so.

Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Al-Mughni: “If the due time of slaughtering passes, one should make up for the obligatory slaughtering, and it is dealt with in the same manner as the sacrifice that is slaughtered on time. One is given the choice in making up for voluntary sacrifice.

Allah Knows best.

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