If a discreet, pubert, free male or female Muslim, settled in a village, in a desert or in a town, has the nisâb amount of property or money in addition to what he or she needs, it becomes wâjib for him or her to slaughter a certain animal with the intention of ’Iydal-ad’ha (the ’Iyd of Qurbân) within certain days. The need includes a house with household appliances and three sets of clothings. According to the Shaikhayn (Imâm a’zam and Imâm Abû Yûsuf), a father has to perform the qurbân on his rich child’s behalf (if he has a rich child), the expense being taken from the child’s property. The meat cannot be eaten by anyone but the child. The meat left over by the child is sold and the money is used to buy durable things, such as clothings for the child. But the fatwâ agrees with Imâm Muhammad’s ijtihâd. Accordingly, it is not wâjib for the father to perform the qurbân on his child’s behalf, neither at his expense nor the child’s. We have explained the nisâb for qurbân in our discourse on the sadaqa fitr in the previous chapter. While explaining about the people (and institutions) that are to be paid zakât, Ibni ’Âbidîn says that no matter how much produce a person gets from his field or year’s rental he gets for his field, house, shop, [workshop or lorry], according to Imâm Muhammad, he is poor if it does not meet his yearly needs or if his monthly income does not meet his monthly needs and his debts to others. The fatwâ agrees with this. However, according to the Shaikhayn, i.e. according to Imâm a’zam and Imâm Abû Yûsuf, he is rich. For, the value of the field, which is his property, or of the fixture, meets his needs, and what is left is (at least) the amount of nisâb. Setting apart a sum of each rental he takes, he must save money and give the fitra and perform the qurbân. That is, he must attain great thawâb. If he does not give the fitra and does not perform the qurbân, he is absolved from the sin according to Imâm Muhammad. As is seen, both of the ijtihâds are well put and are matters of compassion for Muslims. If a person in this situation does not give the fitra or perform the qurbân Imâm Muhammad’s ijtihâd will save him from torment. A person who can neither get any produce from his field nor rent it out, as well as a man or woman who has property more than necessary but does not have any money, follows Imâm Muhammad’s ijtihâd and does not give the fitra or perform the qurbân. If he gives the fitra and performs the qurbân, he attains the thawâb for fitra and qurbân according to the latter ijtihâd. A person who performs an act of worship which is not wâjib for him attains thawâb for supererogatory ( nâfila ) worship only. He cannot attain the thawâb for a wâjib. If he dispenses the meat to the poor, he attains thawâb for alms, too. But the thawâb for fitra and qurbân, which
worship only. He cannot attain the thawâb for a wâjib. If he dispenses the meat to the poor, he attains thawâb for alms, too. But the thawâb for fitra and qurbân, which are wâjib, is much greater than that which is given for nâfila and sunna. So is the case with every kind of worship. It is written in the books Mîzân-ikubrâ and Manâhij that it is sunnat-i-muakkada according to the other three Madhhabs. Anyone who asserts that qurbân is not Islamic will become a disbeliever.
[It written in the books Hazânat-al-muftîn, (by Husayn bin Muhammad,) and Eshbâh: “If a person has houses and shops or a field and if the rentals he gets or the produce or rent of his field do not suffice to subsist his household, he is poor. It is permissible for him to accept zakât.” As is seen, the fatwâ has been given in agreement with Imâm Muhammad.] Ibni ’Âbidîn says: “A person who has a share in a joint-stock company and who cannot withdraw his money performs the qurbân if he has money or property enough for him to perform it.”
If a person who has diffculty living on the rent he gets has the amount of nisâb, he should give the fitra and perform the qurbân by saving money. Cooking and preserving all the meat he should save the money for buying meat for a few months and keep it for the next year’s fitra and qurbân, and thus should not deprive himself of the thawâb for fitra and qurbân. He who performs the qurbân saves himself from Hell. A hadith-i-sherîf declares: “The worst of misers is the one who does not perform the qurbân [though it is wâjib for him to perform the qurbân].” Rasûlullah ‘sall-Allâhu ’alaihi wa sallam’ would kill two animals to perform the qurbân. One was for himself, and the other was for his Umma (Muslims). It is mustahab and produces plenty of thawâb to perform the qurbân by killing one animal on Rasûlullah’s ‘sallAllâhu ’alaihi wa sallam’ behalf, too.
Qurbân means to sacrifice a sheep, a goat, an ox (or cow), or a camel with the intention of performing the qurbân on one of the first three days of the ’Iyd of Qurbân. Up to seven Muslims at the age of puberty may share a cow or a camel in their performance of the qurbân, buying it collectively. The qurbâns of vow and aqîqa may be joined to them. Although it is possible to later become a shareholder of the qurbân which a rich person has already bought, it would be makrûh. The share of any of the performers should not be less than one-seventh. It is not permissible for eight people to purchase seven cows or for two people to purchase two sheep as qurbân shareholders. For, each person would then own a share in
each qurbân. To avoid interest earning, it is necessary to divide the meat by weighing it out in equal amounts. It is not permissible to divide the meat without weighing it even if the shareholders agree among themselves to waive their rights mutually. For waiving their rights mutually would mean giving presents. It is not permissible to make a gift of something which is sharable before the shares have been divided and distributed to the shareholders. If each of six of the shareholders is given a piece of the skin or a leg of the animal together with its meat, then it is permissible to share without weighing. It is written in the books Hindiyya and Majmuâ-i Zuhdiyya that the head is categorized as the skin of the animal.
It is written in Hindiyya: “It is wâjib, a vow, for a rich or poor person who says before the ’Iyd, ‘for the sake of Allah, let it be my vow to slaughter as a qurbân a sheep or that particular sheep’ to slaughter one sheep during ’Iyd-al-Adha (’Iyd of qurbân). If a person becomes rich during the days of ’Iyd, although he may have been poor when he made his vow before the days of ’Iyd, then it is wâjib to perform another qurbân for ’Iyd. If the rich man made his vow during the days of ’Iyd and intended to perform it as an ’Iyd qurbân at the time, then one sheep or goat killed as the Qurbân would suffice. If the rich man made his vow before the ’Iyd, then he certainly should perform two qurbâns. The poor kills only one in either case. They cannot sell the vowed qurbâns. The sheep bought and slaughtered during the ’Iyd by a musâfir or a poor person who has not made an intention or a vow to perform the qurbân, becomes nâfila (supererogatory) worship. It is wâjib to kill the animal of qurbân which a rich person bought and intended to perform as a thanksgiving for the blessings of life instead of intending to kill it as the ’Iyd qurbân at the time of purchase.” See the following chapter for further details.
It is written in Hindiyya: “It is wâjib, a vow, for a rich or poor person who says before the ’Iyd, ‘for the sake of Allah, let it be my vow to slaughter as a qurbân a sheep or that particular sheep’ to slaughter one sheep during ’Iyd-al-Adha (’Iyd of qurbân). If a person becomes rich during the days of ’Iyd, although he may have been poor when he made his vow before the days of ’Iyd, then it is wâjib to perform another qurbân for ’Iyd. If the rich man made his vow during the days of ’Iyd and intended to perform it as an ’Iyd qurbân at the time, then one sheep or goat killed as the Qurbân would suffice. If the rich man made his vow before the ’Iyd, then he certainly should perform two qurbâns. The poor kills only one in either case. They cannot sell the vowed qurbâns. The sheep bought and slaughtered during the ’Iyd by a musâfir or a poor person who has not made an intention or a vow to perform the qurbân, becomes nâfila (supererogatory) worship. It is wâjib to kill the animal of qurbân which a rich person bought and intended to perform as a thanksgiving for the blessings of life instead of intending to kill it as the ’Iyd qurbân at the time of purchase.” See the following chapter for further details
The following is an expatiation on the qurbân which is wâjib for a rich person to perform. The qurbân is not performed by giving the animals alive as alms to the poor or to pious or charitable institutions. It is wâjib to kill them (by jugulating them in a manner dictated by Islam). It is written in Jawhara: “The thawâb that will be given for the money spent on the qurbân is very much more than the thawâb for a hundred times more [that is, a large amount of] money given as alms.” It is permissible to appoint someone to act as one’s wakîl (deputy) to (either) buy the animal for qurbân, butcher it and dispense the meat to the poor (or) get these done by someone else, and to give the money to buy the animal or the animal alive to the deputy. But it is mustahab to be present as the animal is being butchered. It is harâm to kill cocks, hens or wild animals such as deer in the name of qurbân; it means to imitate magians, i.e. fire-worshippers.
It is not wâjib for a person who knows he will be poor or safarî (travelling) on the third day of the ’Iyd to perform the qurbân on the first day. For a person who knows he will be rich on the third day it becomes wâjib to perform it at dawn on the tenth day of (the month of) Dhu’l-hijja, which is the first day of the ’Iyd. It is not determined according to one’s being rich or poor or muqîm (settled) or safarî (on a long-distance journey) on the first day of the ’Iyd. Performing the qurbân is not wâjib for hâdjis (Muslim pilgrims) who have journeyed to Mekka from other places. For, they are safarî.[1]
For those who perform the qurbân in cities it becomes wâjib after the ’Iyd prayer. It is not permissible for them to perform the qurbân before the prayer. They may perform it any time before the sunset of the third day. In villages it can also be performed after fajr (dawn) and before the ’Iyd prayer. For those who are in Mekka or Minâ on the first day of the ’Iyd it is not wâjib to perform the ’Iyd prayer.
It is explained at the end of the twenty-first chapter of the fourth fascicle of Endless Bliss that it is sunna to clip one’s hair, beard and moustache and to trim one’s nails and to shave one’s armpits and pubes every week. It is written at the end of the chapter about the ’Iyd prayer in Ibni ’Âbidîn ‘rahmatullâhi ’alaih’: “These acts of sunna should not be delayed during the first ten days of the month of Dhu’l-hijja. The hadîth-i-sherif that states, ‘The person who is to perform the qurbân must not clip his hair or trim his nails when the month of Dhu’lhijja begins!’ is not a command. It indicates that it is mustahab to delay these acts until after performing the qurbân. But it is sinful to delay them longer, especially if one has not done them for forty days.”
As is seen, for a person who intends to perform the qurbân it is mustahab not to cut his hair, beard, moustache or nails from the first day of the month of Dhu’lhijja till after performing the qurbân. But it is not wâjib. It will not be sinful for him to do these acts, nor will it decrease the thawâb for qurbân. If a person shaves because of a good excuse, his growing the beard on those days will cause fitna, which in turn is by no means permissible.
[1] See the fifteenth chapter of the fourth fascicle of Endless Bliss.
It is not permissible to give away the living animal of qurbân or its value in money as alms. If one gives it as alms, one will have to butcher a second one until the evening of the third day. A person who has not performed the qurbân of ’Iyd or the vowed qurbân by the evening of the third day should give the living animal or its value [in silver or gold] to the poor if he has bought the qurbân animal. If he performs it after the ’Iyd, he cannot eat from the meat; he gives it all to the poor. If the value of all the meat obtained from the animal is less than its value alive, he also gives the difference as alms. If he has not bought it he gives the value of a medium animal of qurbân as alms to the poor. Thus he escapes punishment, although he does not attain the thawâb for performing the qurbân.
If the animal was imperfect before the purchase or if later it has been flawed with some imperfection disqualifying it from being a qurbân though it was suitable for being killed as a qurbân during the purchase, the rich person buys another and butchers it (as the qurbân). If the (animal bought for the) vowed qurbân is imperfect both the rich person and the poor person butcher it. If the animal for the vowed qurbân dies (before being butchered) they do not have to buy another one. It is not permissible to utilize the wool and the milk of an animal for qurbân before it is butchered. Nor is it halâl to slaughter it and eat its meat or let rich people eat it before its prescribed time. These things can be given to the poor. Therefore, the qurbân cannot be performed on the ’Arafa[1] day. It is not halâl for one to eat its meat or to let rich people eat it. After a day has been judged to be the ’Iyd day by testimony of witnesses and as prescribed by the Sharî’a and the ’Iyd prayer and the qurbân have been performed; if it is found out that it was the ’Arafa day, the prayer and the qurbân will be accepted. At places where Ramadân and the month containing the days of ’Iyd cannot be discovered by testimony of witnesses as prescribed by the Sharî’a, the first day of the month of Dhu’lhijja and hence the tenth day, that is, the first day of the ’Iyd of qurbân are calculated by using the Iş›k method, which is explained in the eleventh chapter. The first day of the ’Iyd is the day determined by this calculation. Or it is the next day. It cannot be the previous day. For, the new moon cannot be seen before it appears in the sky. Being prudent, one should perform the qurbân on the second day
[1] Day previous to the first day of ’Iyd of Qurbân; ninth day of Dhu’lhijja. of the ’Iyd found by calculation. However, the qurbân whose thawâb will be presented as a gift to the dead should be performed on the day calculated to be the first day. For, this qurbân can be performed on the ’Arafa day, too. A Muslim who has not performed the qurbân should give instructions in his last will before dying to his inheritors that the qurbân be performed on his behalf out of the property he is leaving behind. The willed qurbân is performed on (one of) the ’Iyd days. The person who performs it cannot eat from the meat even if he is poor. He has to give all the meat to the poor. If a person died before having given instructions in his last will, his inheritors or others may butcher an animal of qurbân out of their property any time and present the thawâb to him. The thawâb will belong to the person who performs the qurbân. It can also be presented to the dead person. The person who performs this qurbân can eat from the meat, too. If two persons’ animals for qurbân are confused with each other, the animal killed by each person thinking that it belongs to him becomes his qurbân. If a person usurps or steals someone else’s sheep, it is permissible for him to butcher it as a qurbân or to sell it, if he pays the value that the animal had as it was alive, even afterwards. For, when its value is paid, the usurped animal will be his own property. In this case it is also necessary for him to make tawba (penance) for his sin of extortion. An animal with one blind eye or with one lame leg so that it cannot walk or which has lost a major part of its eye, ear, tail or one of its front or hind legs or which is very feeble, cannot be the qurbân. It is permissible to make the qurbân from an animal which has broken horns or has no horns at all or which is scabby or castrated. A female animal as well as a male one can be killed as the qurbân. If it is a sheep, it produces more thawâb when it is male and is more white in colour than black, but with goats female ones bring more thawâb. Killing a sheep causes more thawâb than killing an ox when they are equal in value. A sheep or a goat has to be over one year of age, an ox has to be over two, and a camel over five. It is permissible if a six-month-old home-bred sheep is big enough and fat enough. If the young that comes out of an animal sacrificed is alive, it must be butchered if you are to eat it. It is not permissible to eat it if it is dead. It is makrûh to drag an animal to the place of slaughter, to sharpen the knives after getting the animal to the ground, or to kill one animal under the eyes of another. First a knee-deep hole is dug. The sacrificial animal is
blindfolded with a piece of cloth. It is made to lie on its left side with its face and throat towards the qibla. Its throat is brought near the hole. The ankles of its front legs are fastened together with one of its hind legs. The tekbîr of ’Iyd is said three times. Next the following words are said: “Bismillâhi Allâhu akbar.” Then, if the animal is not a camel, its throat is cut at any place. While saying “Bismillâhi,” the “h” must be articulated with due stress and aspiration. In this case it is not necessary to bear in mind that it is Allah’s Name. If one does not pronounce the “h” clearly enough, one has to bear in mind that one is saying Allah’s Name. If one does not do this either, the animal becomes as unclean as a carrion. It is not halâl to eat it. For this reason, we should not say, “Allah ta’âlâ,” but should accustom ourselves to articulating the “h” always clearly by saying, “Allâhu ta’âlâ.” The animal’s throat contains the oesophagus, called merî, the windpipe, called hulqûm, and the jugular veins, called awdaj, on both sides. Three of these four pipes must be cut at the same time. It is sunna for the person who jugulates the animal to face the qibla. It is makrûh to cut the whole neck before the animal begins to lose its living temperature, e.i,, before its struggle is over. It is harâm to cut the back of the neck only. Also, it is makrûh to cut off the animal’s head or to begin skinning it before its struggle is completely over and it is dead. It is mustahab to do the jugulating yourself if you know how to do it. A woman as well is permitted to do it. If one does not know how to jugulate the animal, it is mustahab to have it jugulated by one’s deputy, also to be present at the place during the act, and to say the hundred and sixty-second âyat, (Inna salâtî), of An’âm sûra up to the part that reads, “lâ sharîka leh.” It is stated as follows in the chapter headlined (Zebâih) in the book Hindiyya: “An animal which a Muslim or an Ahl-i-kitâb (a Jew or a Christian), a harbî one or a dhimmî one, has slaughtered by mentioning the Name or an Attribute of Allâhu ta’âlâ in any language, is edible. [Muslims living in the dâr-ul-harb should look for a Muslim Butcher’s, and buy the meat sold there with the optimistic opinion that the meat belongs to an animal butchered by a Muslim. It is halâl to eat edible meat such as beef, mutton and chicken only if the animal they are from have been killed in a manner taught by Islam. In other words, it must have been butchered by a Muslim or by an ahl-i-kitâb and by saying the Name of Allah before the jugulation. An animal butchered in a manner incompatible with Islam’s teaching becomes a lesh (carrion), and its flesh becomes harâm to eat and to sell. People
who butcher (edible) animals and who sell meat should know this very well. When buying meat it is not necessary to inquire about how the animal was butchered. For, a Muslim should have husn-izân (a good opinion) about other Muslims.] An animal killed by a polytheist or an apostate (murtadd) should not be eaten. If the person concerned mentions the name of Jesus or says, ‘one of the three gods’ as he slaughters the animal, the meat should not be eaten. If he holds that belief but does not express it (as he slaughters the animal), the meat becomes halâl to eat. It is the expression made during the slaughtering which is important. If a person makes such a (polytheistic) expression in the name of a prayer or thanksgiving or if he intends to worship someone other than Allah, e.g. if he says, ‘for the sake of Allah and Muhammad,’ what he slaughters cannot be eaten.” A disbeliever who believes in a (past) prophet and in his Holy Book, which was interpolated afterwards, is considered (to be one of) the Ahl-i-kitâb (people of the book), even if he says that his prophet is a god or ’son of god’ or entreats idols. For, words such as ‘god’, ‘idol’, ‘lord’, ‘father’ are used also in meanings such as ‘helper’, one who causes creation,’ ‘one who is loved very much.’ If a person mentions Îsâ (Jesus) ‘alaihis-salâm’ with these names in these meanings, he does not become a polytheist. In this case, his calling him ‘one of the three gods’ or ‘god’ is metaphorical, not literal. If he believes that Îsâ ‘alaihis-salâm’ has the attribute of Uluhiyyat (deity), if he says, for instance, that ‘Jesus Christ creates whatever he likes,’ he becomes a mushrik (polytheist). Some of today’s Mûsawîs (Jews), Îsawîs, Nasrânîs and Christians are among the Ahl-i-kitâb. Because they love Îsâ ‘alaihis-salâm’ very much, they entreat idols and icons so that they intercede for the creation of their wishes. Although it is permissible to eat the animal slaughtered by a Christian who calls Îsâ ‘alaihis-salâm’ ‘god’, you should not have such people slaughter your animals or eat the animals slaughtered by them unless there is a strong necessity to do so. Animals slaughtered by disbelievers without a holy book, e.g. by the Nusayrîs living in Syria or by Druzîs, cannot be eaten. It is not necessary to inquire and find out what kind of a person slaughtered the animal. If the Basmala is omitted on purpose, the meat becomes harâm in the Hanafî Madhhab, yet halâl in the Shâfi’î Madhhab. It is written in Jawhara: “When Rasûlullah ‘sall-Allâhu ’alaihi wa sallam’ went on hajj he took a hundred camels for qurbân. He himself butchered sixty-three of them and then gave the knife to Hadrat Alî, who butchered the rest.”
The person who performs the qurbân can eat the meat himself or he can give it to anyone whether rich or poor or a dhimmî. It is mustahab to keep one-third of the meat for the household, to give one-third to the neighbors and one-third to the poor. One may give all the meat to the poor or keep all of it for one’s household as well. That it is permissible to give the meat to dhimmî disbelievers as well is written in Hindiyya and Behjet-al-fatâwâ. The skin is given to a poor person who performs his duty of namâz. It is not given to people not known well enough. Or it is used at home. Or it is given in return for something of permanent use. It is not given for something consumable or money. If the skin or meat is sold, the money is given (to the poor) as alms. The person who butchers the animal cannot be given its skin or some of its meat in return for his labour. It is harâm to eat seven parts of the qurbân or any other (edible) animal: fluid blood, genital organ, tecticles, glands, gall-bladder, the female animal’s vagina, and urinary bladder. It is written in Hindiyya: “There are two sorts of dhekât-ishar’î:[1] optional and indispensable. Optional dhekât is the nahr of the camel, (which means to kill it by stabbing it in the pit of the throat), and the zebh of other domestic animals, (which means to jugulate them). Indispensable dhekât is the jerh of game animals, that is, to kill them by wounding them on any part of their body. It is necessary to utter the name of Allâhu ta’âlâ while performing zebh, or throwing the arrow or firing the bullet or sending off the greyhound upon the game. It is permissible to utter it in another language even if one knows Arabic. An animal cannot be jugulated with the same takbîr that has been uttered for another animal. An animal killed by dhekât-i-shar’î is Islamically clean. If it is an edible animal which is halâl to eat, it can be eaten. Otherwise it cannot be eaten. But it can be utilized in some other way.” If a person makes a qurbân of his own sheep on someone else’s behalf, it is not acceptable, even if the latter has ordered him. For, an animal can be killed as the qurbân for someone else only if it is that person’s personal property. It would be acceptable if the former person gave the sheep as a present to the latter person, or to the latter’s deputy, and the latter person, or his deputy, took possession of the sheep and then gave the sheep back to the
[1] Islamic Purification of a beast for food by slaughtering it in the prescribed manner. former, appointing him his deputy to butcher the sheep on his behalf. It is permissible to kill someone else’s animal as his qurbân on his behalf without his knowledge. If one kills someone else’s animal as one’s own qurbân without his permission, it will be acceptable if one pays its value afterwards. If the owner refuses the value and takes the jugulated animal instead, the qurbân will have been performed for the owner. It is never permissible to perform the qurbân from an animal which one is keeping as an amânat (entrusted for safe-keeping), ’âriyat (for temporary use), or hire.” If a bullet hits the game and kills it or the game is killed with a stone or club, it cannot be eaten. For, it is necessary for the the animal to bleed. When buying (an animal for) qurbân one should make one’s niyyat as follows: “I intend to buy (an animal for) qurbân which is wâjib to sacrifice on the ’Iyd day.” One does not have to make the niyyat again while jugulating the animal. Nor does one have to kill the animal which one has bought with that intention. But the value of the animal one is going to kill instead of that animal should not be less. One might as well not make the niyyat at all while buying the animal. But then it will be necessary to make the niyyat while killing the animal, or when appointing someone one’s deputy. A person who wishes to donate his or her qurbân to a charitable society should hand the animal or the money for its purchase to the person appointed by the society and say, “I appoint you as my deputy to butcher my ’Iyd (or nazr) qurbân or have it butchered by someone else you may appoint, and to give its meat and skin to anyone you consider proper.” The person in charge (deputy), attaches a number plate to the qurbân which is delivered or bought. He keeps a record of both the name of the owner of the qurbân and the number of the qurbân in a note-book. He appoints the butchers as agents by announcing the names of the owners while the qurbâns are being jugulated. He gives the meat to whomever he wishes and the skin is given to a poor person in charge. That poor person, before the value of the skins he is given reaches the level of nîsâb, gives as a gift all he has to whomever he wishes. And that person sells them, and gives the money thus obtained to whomever he wants. It is permissible for a poor person to sell or give as a gift the skins that are given to him. If one kills several sheep, all of them become qurbân. Or, according to more dependable information, the best one becomes qurbân and the others become supererogatory. If a poor person with property below the amount of nisâb of
qurbân intends to kill an animal which is his own property as the qurbân, or if he buys an animal during the ’Iyd of Qurbân but without the intention of qurbân and thereafter intends to kill it as the qurbân, or if he buys it with the intention of qurbân but before the ’Iyd of Qurbân, it is not wâjib for him to kill it. If he kills it, it becomes supererogatory; he can eat its meat, and the meat he gives to the poor becomes alms. If a poor person buys an animal with the intention of qurbân and within the first three days of the ’Iyd; according to this scholarly report, the animal becomes a votive offering (a vow), and it becomes wâjib for him to jugulate it within the first three days of the ’Iyd. According to another report, it does not become a vow; it becomes supererogatory. Whether rich or poor, a person who has performed the qurbân of votive offering cannot eat from the meat, nor can people who are not eligible to receive zakât, nor can he let the rich eat from the meat. If he does not kill the animal within these three days, he gives away the living animal or its equivalent as alms after the ’Iyd. It is permissible also to kill the animal and give the meat as alms, but in case the value of the entire meat is less than the value of the living animal, then the difference should be given as alms.
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