Is it permissible to slaughter a sheep during Hajj as a kaffaarah (expiation) for failing to spend the night at Mina and as a ‘aqeeqah (a sacrifice for a newborn) in the same time?
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 a former fatwa, we have already clarified that failing to spend the night in Mina entails slaughtering a sacrificial animal. This is according to the preponderant opinion by scholars. When one is required to slaughter a sacrificial animal for this purpose, it is invalid to have a double intention, i.e. intending to offer the animal as ‘aqeeqah as well. This is because each one of these two acts of worship is specifically intended and has a different reason. When both of them are done with one intention, the purpose for which they have been prescribed is missed. In Al-Fataawa Al-Kubra, Ibn Hajar Al-Haytami said:
According to Shaafi‘i scholars' statements as well as what we used to do for years, it is invalid to have a dual intention for the two acts. This is because both the udh-hiyah (Eid sacrificial animal) and ‘aqeeqah are specifically intended and have a different reason. Moreover, the purposes for which they have been prescribed are different.
If it is invalid to slaughter one animal intending thereby both udh-hiyah and ‘aqeeqah, then it is also invalid to do so in case of offering ‘aqeeqah and expiation for not spending the nights at Mina during Hajj, and with greater reason.
Allah Knows best.
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