the author, may Allah have mercy on him. This is the well-known position in the madhhab, as evidenced by the fact that if a person buys a slave in order to emancipate him as an expiation or otherwise, the slave does not thereby become free. Likewise, if he buys a house intending to endow it for the poor, the needy, students of knowledge, or the like, the house does not become an endowment merely through purchasing it, unless he does something specific to establish it as such. This is why we said regarding a sacrificial animal for the Sacred House, since garlanding or marking it is legislated: garlanding or marking it, together with the intention, constitutes formal designation.

His statement, “Not by intention,” means that it is not formally designated merely by intention. Thus, if a person sets aside money intending to give it in charity, the charity is not thereby designated: if he wishes, he may give it away, and if he wishes, he may keep it, since he has not handed it over to the poor. In sum, if we are asked, “How does an udhiyah become formally designated?” we say: by verbal declaration. And if we are asked, “How does a sacrificial animal for the Sacred House become formally designated?” we say: by verbal declaration and by action. The sacrificial animal for the Sacred House is distinguished by action because it has a specific action associated with it, namely garlanding or marking. An udhiyah, however, has no specific action associated with it; therefore, it becomes an udhiyah only through verbal declaration.

Even if people were to establish a mark for an udhiyah—such that if a sheep were treated in such-and-such a manner, it would be an udhiyah—would we say that this is analogous to marking and garlanding?

The answer is yes. In the past, when people bought sacrificial sheep, they would place henna upon their heads, sides, or hindquarters. Yet they did not make this a sign that the animal was an udhiyah; rather, it was a sign that it belonged to a particular person, so that it would not become confused with other animals. Such a mark does not formally designate it. But if there is a mark commonly recognized among people, such that when a sheep or camel is marked with it, it is known to be a sacrificial animal for the Sacred House or an udhiyah, then it becomes formally designated by that mark.

“And once it has been formally designated, it may not be sold or given away, unless he exchanges it for one better than it. He may shear its wool and the like if that is more beneficial for it....”

His statement, “And once it has been formally designated, it may not be sold,” begins the discussion of the rulings that