The answer is: In this case, we say that relieving the Muslims’ dire necessity takes precedence, because it saves lives. As for the sacrificial offering, it revives the sunnah. A factor may arise that makes what is ordinarily less virtuous more virtuous than what is ordinarily superior.
His statement: “It is recommended that he eat from it, give some as a gift, and give some in charity, dividing it into thirds.” That is, it is legislated—not as an obligation, but as a recommendation—that he divide it into thirds: eating one third, giving one third as a gift, and giving one third in charity.
The difference between a gift and charity is that what is intended to foster affection and cordiality is a gift, as stated in the hadith: “Exchange gifts and you will love one another.” (1) What is intended as a means of drawing nearer to Allah is charity. Accordingly, charity is for the needy, whereas a gift is for the wealthy.
His statement: “Into thirds” means: one third for eating, one third for gifts, and one third for charity, so that people of all different circumstances may benefit from this sacrificial offering. He mentioned eating first because Allah mentioned it first, saying:
“Then eat from them and feed the distressed, the poor.” [al-Hajj: 28]
His statement: “It is recommended that he eat.”
Its apparent meaning is that if he were to give all of it in charity, there would be no blame or sin upon him. This is based on the view that eating from the sacrificial offering is a sunnah, which is the position of the majority of scholars.
Some scholars said instead that eating from it is obligatory, and that one is sinful for abandoning it;