Is it permissible for the Person who is able to sacrifice an Animal to give Charity with its Value (in Money) and fast?
Question :
In reference to this sacrifice that only a small amount of benefit is gained from, isn't it better that the Hajj pilgrim who is able to sacrifice an animal, fasts? Then, when he returns to his country he can give the value of the animal (in money) to the poor people of his land, and he can complete whatever remains of the ten days of fasting. What is your opinion about this? May Allâh reward you.
It is known that the Islamic laws are received from Allâh and His Messenger ﷺ and not from the opinions of people. Allâh legislated for us during Hajj, if the Hajj pilgrim is a Mutamatti' or Qarin pilgrim, that he must sacrifice an animal. If he is unable to sacrifice an animal, he fasts 10 days - 3 days during the Hajj and 7 days when he returns to his family (i.e., his homeland). It is not for us to legislate anything from ourselves. Rather, it is obligatory to correct whatever happens of sacrificial meat spoiling. This is by the authorities being informed so that the meat can be issued and distributed among the poor and needy. Attention should be given to the places of slaughtering and making sure that they are large enough for the people, and increasing the number of such places in the Haram area so that the Hajj pilgrims can slaughter in times and places that are comfortable. It is a duty upon the authorities to bring the meat to those who deserve it or place it in cool places so that it can be distributed later to the poor people in Makkah and others. In reference to changing the system of the sacrifice to the person fasting while he is able to slaughter an animal or him buying an animal in his land to slaughter for the poor or distributing its value (in money), this is new legislation. This is something that is not permissible for the Muslim to do, because the Legislator is Allâh. It is not the right of anyone to legislate. Allâh says:
"Or do they have partners who have legislated for them from the religion that which Allah has not allowed?"
Therefore, it is obligatory upon the Muslims to submit humbly to the Law of Allâh and implement it. If some shortcoming occurs from the people in implementing the Law, it is obligatory to correct that and give attention to it. This is like what occurs regarding the sacrifice in that some of the animals are slaughtered and there is no one to eat the meat. This is a shortcoming and a mistake that must be corrected by the authorities and the people. So, every Muslim should be concerned about his sacrifice, making sure that it is distributed to the poor or he eats it or gives it as a gift to some of his brothers. In reference to leaving it (the meat) in places where no benefit is gained from it, that is not appropriate (i.e., he is not accredited for it).
The authorities must help in this by carrying the meat to the poor during its time of slaughtering or they must carry it to places where it can be cooled and benefit can be derived from it later without the meat spoiling.
This is what is obligatory upon the authorities, and they - if Allâh wills are carrying this out. Also, the people of knowledge still are giving advice about this and reminding the authorities about this matter.
We ask Allâh to help everyone to do that which contains comprehensive benefit for the Muslims in this regard and other matters.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Pages 269-270