Section
They are designated by one’s saying, “This is a sacrificial animal for the Sacred House,” or, “This is an udhiyah,” not by mere intention.
His statement, “They are designated by one’s saying, ‘This is a sacrificial animal for the Sacred House,’ or, ‘This is an udhiyah,’ not by mere intention,” means that the sacrificial animal for the Sacred House is designated when one says, “This is a sacrificial animal for the Sacred House,” and the udhiyah when one says, “This is an udhiyah.” They are designated by verbal declaration, not by intention or by purchase. Thus, if someone buys a sheep intending to sacrifice it as an udhiyah, it is not designated as such so long as it remains his property. He may sell it, revoke his intention, give it in charity, or give it as a gift.
Likewise, if he buys a sheep intending it to be a sacrificial animal for the Sacred House—such as the sacrifice required for tamattuʿ, for example—and, while on the way, before saying, “It is a sacrificial animal for the Sacred House,” he wishes to sell it, there is nothing wrong with that.
Here there is a distinction between saying, “This is a sacrificial animal for the Sacred House,” or, “This is an udhiyah,” merely by way of information, and saying it by way of formal designation. The difference becomes clear through the following example: a man is leading a sheep along, and someone who sees him asks, “What is this?” He replies, “This is a sheep for an udhiyah,” meaning that it is a sheep he intends to sacrifice as an udhiyah. This is merely informative, not a formal designation. In contrast, if he says, “This is an udhiyah for Allah,” thereby designating it as an udhiyah, then it becomes designated as such.
It is understood from the author’s words that they are not designated through an act; that is, neither the sacrificial animal for the Sacred House nor the udhiyah becomes designated merely by an action. However, this is open to question, for the jurists have explicitly stated that if one garlands a sacrificial animal for the Sacred House or marks it, intending it to be such an animal, it becomes designated as a sacrificial animal for the Sacred House even if he does not utter the words.
Garlanding means placing sandals, pieces of waterskins, worn garments, and similar items around the animal’s neck. When he hangs these items upon the