The Grand Mosque of Algiers issued a fatwa on Thursday, May 14, addressing the Islamic ruling on borrowing money to purchase an animal for the upcoming Eid sacrifice. This religious decree provides guidance for worshippers in Algeria concerning financial arrangements for the annual ritual. The fatwa from the Grand Mosque stated that Islamic law is fundamentally based on removing hardship and preventing harm among the faithful. This consideration guides the permissibility of certain financial practices related to religious obligations, including the Eid sacrifice.
Prohibition for the Unable
Scholars have reached a unanimous agreement prohibiting individuals from borrowing money for the Eid sacrifice if they are unable to repay the debt, according to the fatwa. This prohibition aims to prevent both the borrower and the creditor from experiencing hardship and financial harm. The religious decree emphasizes that it is not prescribed for a servant to burden themselves beyond their capacity or to incur debt they fear they cannot repay. The fatwa cited Imam Al-Sha'bi, who stated he would "prefer to leave the sacrifice if he couldn't afford it rather than incur debt to perform it while in hardship." This guidance shows the principle of avoiding financial distress in fulfilling religious obligations.
Divergent Views on Repayable Debt
The Grand Mosque of Algiers fatwa states that the Eid sacrifice is considered one of Islam's apparent rituals and a confirmed Sunnah by the majority of scholars. However, the fatwa notes that no authentic hadith has been proven regarding specific directives on borrowing for this matter. For individuals who anticipate being able to repay a debt, Maliki jurists present two prominent views. Ibn Habib, citing Imam Malik and chosen by Ibn Rushd, with confirmation from Ibn Naji, recommended borrowing for the sacrifice for those expecting to repay, aiming to revive this significant Sunnah. Conversely, Ibn Bashir maintained that one should not borrow for the sacrifice, noting the importance of avoiding debt obligations and exercising personal caution. The fatwa also addresses a narration from Aisha (RA), where she reportedly asked the Prophet (PBUH) about borrowing for sacrifice and received an affirmative reply; the fatwa clarifies this as a weak hadith, not suitable as a basis for argument. Therefore, the Grand Mosque of Algiers concludes that if an individual expects to repay, possesses sufficient means, or has strong reasons to believe they can settle the debt, there is no harm in borrowing for the sacrifice to uphold this blessed Sunnah, and they are expected to receive good and blessings by following the Prophet's tradition.
Scholarly Consensus and Rationale
Islamic law is fundamentally based on ease and the removal of hardship, meaning Muslims are not required to burden themselves beyond their capacity, according to the Grand Mosque of Algiers. The mosque's fatwa emphasizes that religious obligations should not lead to undue distress or financial strain for individuals. This principle guides the permissibility of various practices within Islamic jurisprudence.
The fatwa referenced the Quranic verse, "Allah does not charge a soul except with that within its capacity" (Al-Baqarah 286). This verse underpins the broader Islamic legal framework, ensuring that religious duties are not imposed in a manner that causes insurmountable difficulty or harm to the individual believer. The Grand Mosque of Algiers thus frames its guidance on borrowing for the Eid sacrifice within this overarching theological context, prioritizing the well-being and financial stability of the faithful.