.
“A believer always slaughters upon the name of Allah, whether he (remembers
to) recites it or not.” (Fathul Bari vol.9 pg.793; Qadeemi)Understanding Islamic Practices:
An In-Depth Look at Zabiha
Posted: 18
Safar 1422, 12 May 2001
Almighty Allah Ta'ala in His infinite Mercy has made certain animals halal (permissible) for this Ummah. We are required to be thankful to Him by following the dictates of the Qur'an and Sunnah by ensuring that His name is taken upon slaughtering of the animal. Allah Ta'ala states in the noble Qur'an:
From the above verses the following points are understood:
Imam Bukhari has quoted this same verse in his magnum opus under the chapter, “Intentional Omission of the tasmiyah at the Time of Slaughter” to the same import as explained by Hafiz ibn Hajar, the renowned commentator of Sahih Bukhari in the following words:
“Imam Bukhari (RA) wishes to point out by citing this verse the reproach against using it as proof to legalize omission of tasmiyah by inventing baseless interpretations of the verse and understanding it in a manner contrary to clear import.” (Fathul Bari vol.9 pg.778; Qadeemi)
Intentional Omission of Tasmiyah
The Jurists (Fuqahaa) have unanimously agreed that consumption of an animal slaughtered by a Muslim with intentional omission of tasmiyah or out of Istikhfaaf (regarding it as insignificant) is unlawful (haram). Imam Shaaf'ee (RA) has also concurred with this view. (Jawaahirul Fiqh vol.2 pg.388; Darul Uloom from Kitaabul Umm and Tafseer Mazhari)
Imam Abu Yusuf states:
“The ruling regarding the animal upon which tasmiyah was omitted (at
the time of slaughter) is not subject to Ijtihaad (independent deduction of a
ruling from Qur'an and Hadith). If a judge rules the permissibility of its sale,
his ruling will not be given effect due to it being contrary to consensus of
opinion.” (Ibid pg.390; Hidaaya)
It should be noted significantly that the above discussion of impermissibility is with regard to a Muslim slaughterer who intentionally omits pronouncing the name of Allah upon slaughter, not to speak of a non-Muslim.
In the case of a Muslim
forgetfully omitting the tasmiyah, the animal will be permissible for
consumption as is the ruling of all the four Madhaahib based on the Hadith of
Nabi
.
“A believer always slaughters upon the name of Allah, whether he (remembers
to) recites it or not.” (Fathul Bari vol.9 pg.793; Qadeemi)
Animals Slaughtered by Modern Day Jews and Christians
“The food of Ahlul Kitaab (People of the Book) is lawful for you as is your food for them.” (Al-Maidah 5:5)
Regarding the word, “Ta'aam” (food), ibn Abbaas, Ibn Umamah, Mujaahid and others, Radi-Allahu anhum, say that it refers to slaughtered animals. This matter (permissibility of these animals) is unanimously agreed upon by all scholars since they also hold the belief of the prohibition of slaughter save in Allah's name and also due to the fact that they mention only the name of Allah Ta'ala upon their animals of slaughter. (Jawaahirul Fiqh vol.2 pg.4040; from Ibn Katheer)
The reason for permissibility has been explained clearly by Allaamah ibn Katheer that due to the unity of belief regarding slaughter between Muslims and the Jews and Christians of that particular time, Allah Ta'ala had permitted consumption of their slaughter. The Ulama of the time had based their rulings on this very same reasoning.
When this unity of
belief came into doubt, many great Sahaba, Radi-Allahu anhum, had not hesitated
to rule prohibition.
“With regards to a Kitaabi, when he omits tasmiyah (the name of Allah) upon his slaughter and takes some other name, his slaughter is not consumable. This is the ruling of Abu Darda, Ubadah bin Saamit and large faction of the Sahaba, Radi-Allahu anhum.” (Jawaahirul Fiqh vol.2 pg.407; Darul Uloom - from Bahrul Muheet)
Regarding the Christian tribe of Banu Taghlib, Sayyidna Ali, Radi-Allahu anhu,
ruled the following:
“Hafiz ibn Jawzi (RA) has
narrated with his Sanad (chain of narrators) from Ali, Radi-Allahu anhu, 'Do not
consume the slaughter of the Christians of Banu Taghlib since they have not held
to any more of Christianity than their drinking of wine.'” (Ibid pg.460 - from
Tafseer Mazhari)
It is a well-known fact that the majority of present day Christians and Jews no longer hold this Aqeedah (belief) regarding slaughter. They do not hesitate to consume meat slaughtered by even Pagans and Mushriks (polytheists) and atheists. They have held to even less of Christianity than the Banu Taghlib. Most of them are just Christians and Jews by name, “atheistic” in their beliefs and actions. Their abattoirs employ machine slaughter wherever possible and do not hesitate to employ pagans and polytheists, e.g. Chinese, Koreans, etc. to carry our slaughter.
The Ruling
Based on the above juridical references, Qadhi Thanaullah (RA) a renowned
Jurist of his time states the following:
“The correct and accepted view according to us is the first one that the
slaughter of the Ahlul Kitaab with intentional omission of tasmiyah
(taking the name of Allah) or slaughter in some other name (besides that of
Allah) is not consumable, if this fact is ascertained with certainty or this is
the condition prevailing among them. By this, the prohibition (of the Sahaba)
from consuming the slaughter of the Christian Arabs can be easily understood.
Likewise, the ruling of Ali, Radi-Allahu anhu, (regarding the Banu Taghlib)'
becomes clear. It is likely that Ali, Radi-Allahu anhu, had ascertained their
omission of tasmiyah upon slaughter or that they slaughtered in some
other name (besides Allah). A similar ruling has been issued regarding the
non-Arab Christians that if it is their normal habit to slaughter without tasmiyah,
their slaughter is not consumable. Concerning the present day Christians there
is no doubt that their methods do not fulfill requirements of Shar'ee slaughter,
but they usually cause the death of their animals by other lethal measures, e.g.
machine slaughter, etc. hence, their slaughter is impermissible.” (Jawaahirul
Fiqh vol.2 pg.411; from Tafseer Mazhari)
The Correct Understanding of the Hadith of Bukhari
Let us now turn to the hadith in Bukhari that is often by many people to
justify the claim that tasmiyah is not required. The hadith is as
follows: “It has been narrated from Aisha, Radi-Allahu anha, that some persons
said to Nabi
'People
bring to us meat. We know not whether the name of Allah Ta'ala has been taken
(upon its slaughter) or not? Nabi
replied,
'You people say Bismillah
and eat it.' Aisha, Radi-Allahu anha, says, 'the people referred to (in
this Hadith) were new Muslims.'” (Bukhari vol.2 pg.828; Deoband)
It is clear that the slaughterers were Muslims, not disbelievers. This is further elucidated by Imam Malik (RA)'s narration (of the same Hadith) where the addition of, “this was in the beginning of Islam.” (Fathul Bari vol.9 pg.792; Qadeemi) is found.
To believe that these people were non-Muslims is in fact tantamount to
accusing the noble Sahaba of Rasulullah
of
the heinous crime of consuming meat slaughtered by polytheists which is
expressly forbidden in the Qur'an:
“Forbidden to you is carrion… and that slaughtered for other than Allah.” (Al-Maidah 5:3)
The actual meaning of this Hadith, as understood by similar narrations is that one should not entertain unfounded doubts about a Muslim that he would neglect to mention the name of Allah upon his slaughter.
“This is what is understood by the context of the Hadith since the answer
of Nabi
to
the question was, 'Say Bismillah and eat.' It is as though they (questioners)
were told, 'That is not your concern, rather what should concern you is to
consume it (wholesomely in the Sunnah manner) by saying Bismillah before
partaking thereof.” (Fathul Bari vol.9 pg.793; Qadeemi)
Hafiz ibn Abdul-Barr (RA) has emphasized this point very clearly: “Similarly, the slaughter of the Bedouin Muslims will be permissible (for consumption) since they usually know of the tasmiyah (at the time of slaughter).” Ibn Abdul Barr (RA) has concluded, “In this Hadith, it is understood that the slaughter of a Muslim should be consumed and he should be regarded as having performed tasmiyah upon its slaughter (even when one is not certain about this fact) because with regards to a Muslim, one should entertain nothing but good thoughts unless concrete evidence is established to the contrary.” (Fathul Bari vol.9 pg.793; Qadeemi)
This import is borne out by other narrations of this same Hadith as follows: “The narration of Ibn Uyayna (RA) (one of the Huffaaz of Hadith) has the addition, 'accept their oaths and eat', i.e. take their word for it that they have taken tasmiyah upon slaughter (and partake without doubts).” (Ibid pg.793)
The Narration of Abu Sa'eed
Imam Tabrani has recorded the narration of Abu Sa'eed though with a difference in wording that he said, “Accept their word that they have effected (Shar'ee) slaughter.” (and consume it without doubt). (Ibid)
The Narration of Imam Tahawi (RA)
“Some of the Sahaba, Radi-Allahu anhum, asked Rasulullah
that,
'Some Bedouins bring to us meat, cheese and fat. We know not the condition of
their Islam, (i.e. they are Muslims but of what caliber, we are unaware).' Nabi
replied,
'Check that which is prohibited by Allah and abstain therefrom. In whatever
Allah Ta'ala has not discussed, he has given you a concession. Your Rabb (Lord)
does not forget. Thus, say Bismillah (and partake).” (Ibid)
Explaining this Hadith, Allaamah ibn Teen comments: “Concerning tasmiyah upon slaughter carried out by others of which they are unaware, there is no obligation upon them regarding it. The (slaughter) will only be held incorrect when such evidence is established. Allah Ta'ala has not made it obligatory upon any Muslim to be aware of tasmiyah upon the slaughter of another Muslim, since the slaughter of another Muslim will be always regarded as correct (accompanied by tasmiyah) unless evidence is established to the contrary.” (Ibid pg.794)
The above should be sufficient to clarify any doubt in the meaning of the Hadith of Bukhari.
Importance of Muslim Unity with Regards to Halal Meat
Shaytaan is ever prepared to bring about division as this will inevitably lead to the collapse of the Muslim Ummah. In his untiring efforts, he has overlooked no sphere of life to cause his mischief even to the extent of nourishment. Allah Ta'ala has warned us of Shaytaan's inroads in this regard as has been explained already. Shaytaan, possessed of a keen intelligence and discernment knows full well that once the Muslims cannot interact and mix with one another due to suspicion in regards to halal and haram, this will bring about the much awaited split in the global community of Islam. To combat this, it is required that Muslims take courage and band together to solve this problem, irrespective of color and race, since the commands of Allah Ta'ala are universal. Due to this solidarity, the Muslims of South Africa, although a minority (around 3 - 4 %) have progressed far ahead in eliminating this problem. With a bit of extra physical and monetary sacrifice, they have managed to establish their own abattoirs in different parts of the country.
If Muslims in other parts of the world who have, Alhamdulillah, become a sizeable community were to show such unity and get together, there is every confidence that the problem would be eliminated with little difficulty.
To conclude this, let us ponder upon the following words of Nabi
:
“The lawful is clear and the unlawful is clear. Between these lie matters of
confusion. Regarding these, many are ignorant. Whomsoever falls into these,
falls into the unlawful, like a shepherd grazing (his flock) upon a sanctuary's
perimeter very soon falls into trespass. Beware! Every king possesses a
sanctuary and the sanctuary of Allah Ta'ala are His prohibitions. Take
note! In the body there is a piece of flesh such that when it is good the entire
body is good; when it is corrupt the whole body is corrupted. Listen! It is the
heart.” (Arba'een Nawawiy)
And Allah Ta'ala Knows Best
Al-Ameen, October 11, 2002, Volume.1, Issue 5.
#
THE
RITUAL ISLAMIC SLAUGHTER
Being
script of a speech given by Mufti Ebrahim Desai at the Meat Safety Seminar
Since this is a meat safety seminar, I will endeavour to discuss the positive
aspects of meat safety by adopting the Islamic procedure of slaughter.
1. Zabah:
The ritual slaughter in Islam is termed as Zabah. Literally,
the term Zabah means to purify as the purpose of Zabah is to purify the flesh of
the animal from flowing blood. In Islam flowing blood is impure and
prohibited for consumption. Among other reasons of flowing blood being impure,
some are:
a) Flowing blood transfers nutrients
to the tissue cells and returns with the waste products of the tissue cells.
These waste products are harmful and are removed from the blood through the
function of the kidneys.
b) Blood contains organisms which are
responsible for various diseases.
c) The presence of flowing blood in
flesh causes the flesh to putrefy.
It is therefore necessary to purify the flesh of the animal from the impure
flowing blood, by extracting maximum blood.
In Islamic Jurisprudence, Zabah is to
cut the neck in order to severe the two jugular veins, the gullet and windpipe.
It will suffice if any three of the four blood pipes are severed. The spinal
cord should not be severed as it maintains connection between the brain and the
body which enables convulsion after slaughtering. Convulsion squeezes out the
remaining blood in the body.
The Islamic procedure of Zabah
enables maximum extraction of blood, within a close circuit. The purpose
of extracting maximum blood has been explained. The
purpose of rapid extraction of blood is to avoid blood clots. Both
aspects, removing flowing blood as well as avoiding blood clots are equally
important to health. To explain this further, I seek refuge in the verse of the
Quran:
3)Forbidden unto you (for food) are carrion and blood and swine -flesh. And
that which hath been dedicated unto any other than Allah, and the dead
through beating, and the strangled, and the dead through falling from a height,
and that which hath been killed by (the goring of ) horns and the devoured of
wild beasts, saving that which ye make lawful (by the death-stroke), and
that which have been immolated unto idols. And (forbidden is it) that ye swear by
the divining arrows. This is an abomination. This day are those who
disbelieve in despair of (ever harming) your religion; so fear them not, fear
ME! This day have I perfected your religion for you and completed My favour unto
you, and have chosen for you as religion AL-ISLAM. Whoso is forced by hunger,
not by will, to sin; (for him) lo! Allah is forgiving merciful.
4) They ask thee (O Muhammad) what is made lawful for them. Say (all) good
things are made lawful for you. And those beasts and birds of prey which ye have
trained as hounds are trained, ye reach them that which Allah taught you ; so
eat of that which they catch for you and mention
Allah's name upon it, and observe your duty to Allah. Lo! Allah is swift
to take account (Maaida verse 3 and 4)
2. The validity of Zabah:
i) The person male or female, performing the act of Zabah must be a sane
Muslim.
ii) The name of Allah (tasmiyyah)
must be pronounced before cutting. The instance on pronouncing the name of God
before slaying an animal is meant to emphasize the sanctity of the life
and the fact that all life belongs to God. Pronouncing the tasmiyyah induces
feelings of tenderness and compassion and serves to prevent cruelty.
iii) The instrument used to perform
Zabah must be extremely sharp to facilitate the quick cutting of the skin and
severing of the windpipe and blood vessels so as to enable the blood to flow
immediately and quickly; in other words, to bring about an immediate and massive
hermorrage.
d) The incision must be made in the neck at some point just below the glottis
and the root of the neck.
3. Abominable acts in slaying during Zabah:
i) It is abominable to first cast the
animal down on its side and sharpen the knife afterwards, or to kill one animal
in the presence of another.
ii) It is abominable to let the knife
reach the spinal marrow or to cut of the head of the animal.
iii) It is abominable to perform
Zabah with a dull instrument. The Prophet commanded that knives should be
sharpened and should be concealed from the animal to be slain.
4. The procedure of Zabah and pain:
Since the operation of Zabah is on an
animal which cannot talk, we have to use our perception of pain to determine
whether the animal feels pain in the procedure of Zabah or not. The
procedure has four stages
a) cutting the skin
b) wound on the neck
c) bleeding
d) convulsion
1) A person who shaves, probably has the experience of cutting his skin
sometime or the other, that is not painful.
2) Since the four blood vessels are
cut, the animal becomes unconscious and does not feel pain.
3) Bleeding itself is not painful as
can be understood by the contribution of a blood donor.
4) Convulsion is not painful as the
animal is unconscious. This can be understood by the example of an epileptic. He
does not feel any pain during epilepsy.
In conclusion the Islamic procedure
of Zabah collaborates with its literal meaning of Zabah purification.
Purification in consumption is paramount importance for good health. I conclude
by quoting the saying of our prophet "Purification is half of faith."
The end