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The question

Is it permissible to buy the aqiqah sheep by weight after slaughter?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Slaughtering the sheep with the intention of is sufficient to fulfill the condition. However, the problem lies in the method of purchase, which is by weighing the meat after slaughter. This sale is invalid (). But if possession is taken and the sold item is no longer available due to disposition or destruction, then the sale becomes enforceable and ownership is established, though there is a difference of opinion among jurists on this. The Maliki school holds a middle ground, stating that an invalid sale confers a semblance of ownership, and if one of four things occurs (market circulation, destruction of the item, its depreciation, or the attachment of a third party's right to it), then ownership is established by its value. This is what happened with the slaughter of the sheep, and therefore the aqiqah performed with this slaughtered sheep is valid. As for the Hanafi school, the validity of the aqiqah with this sheep is absolutely clear.

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Ftawy
Original fatwa ID
166773
Imported
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Source text, unreviewed
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