Taught by: Shaykh Yasir Qadhi Al Maghrib Institute Provisions [THE STUDY PACKAGE: PART 2 & 3]...

Precious Provisions [THE STUDY PACKAGE: PART 2 & 3]

Precious ProvisionsTaught by: Shaykh Yasir Qadhi Al Maghrib Institute

Durbah Study Sessions Department Presents

[THE STUDY PACKAGE: PART 2 &3]Designed to help YOU score high on the exam and MORE

IMPORTANTLY, to help YOU retain the knowledge for the sake of our Creator, our Master, Allah (swt).

Email: [email protected] for feedback, comments, or to help out!

Topics:

1) Land Animals (Part 2)2) Sea Animals3) Birds4) Vermin5) Slaughtering

In the Name of Allah, the Most Beneficent, the Most Merciful


Quiz Time!

Continued from last study package:

4. Every animal that is mustakhbath is prohibited. What is the meaning of “mustakhbath”?a. An animal that has fangsb. An animal that is poisonousc. An animal that is disgustingd. An animal that eats other animals

5. Which Madhab is very strict over the ruling of mustakhbath animals, and which is most lax?

a. Hanbali; Shafi’ib. Hanafi; Shafi’ic. Hanafi; Malikid. Maliki; Hanbali

6. There is a debate on the prohibition of eating the jallalah animal. What is the meaning of “jallalah”?

a. An animal that has fangsb. An animal that is poisonousc. An animal that is disgustingd. An animal that eats najas (dead animals, defecation, etc.)

7. True or False: the majority say it is makruh to eat jallalah, and minority say it is haram

QUIZ 4 SEA ANIMALS

1. What are the two adjectives that Allah uses in the Qur’an to describe fish meat? (hint: “lehman tariyyan”)

a. “white” and “juicy”b. “fresh” and “tender”c. “healthy” and “tasty”d. “sweet” and “succulent”


2. What are the two types of dead meat that we are allowed to eat? __________ and __________

3. __________ and ___________ are the two types of blood we are allowed to eat

4. True or False: The Shariah considers whales to be mammals, not fish, and therefore eating whales is prohibited.

5. Short Answer: What is the condition that Hanafis place on eating fish?

6. Which madhab considers lobsters, octopus, and shrimp to be disgusting?a. Hanafib. Malikic. Hanbalid. Shafi’i

7. True or False: The majority of madhabs believe that the Qur’an does not differentiate between fish, and therefore all fish are permissible, unless they are poisonous after cooking.

8. True or False: Ocean water is impure, and therefore one cannot perform wudu with this water.

9. True or False: Fish, like all other animals, need to be slaughtered in order to be halal.


10. Short Answer: What is the ruling for animals that live on the shore, such as crabs, turtles, and amphibians?

11. It is haram to kill frogs because:a. They are “mustakhbath” (disgusting), by unanimous consentb. Their croaking is their way of doing tasbeehc. They are “jallalah” (eat najs)d. Because the Prophet (sas) forbade the killing of frogs

QUIZ 5 BIRDS

1. True or False: Allah praises bird meat in the Qur’an by saying in Surah Waqiah verse 21 that He will allow His servants to eat bird meat in Jannah.

2. Which of the following birds are NOT prohibited?a. Eagles and falconsb. Hoopoes and shrikesc. Turkeys and ostrichesd. Vultures, buzzards, and kites

3. All birds that __________ with their talons or feed off of ____________ are prohibited to eat.

4. The Prophet (sas) forbade the killing of these two birds: ____________ and _____________


QUIZ 6 LAND VERMIN

1. Which of the following are not land vermin?a. Locustb. Frogc. Insectsd. Rats

2. Only the carcasses of _________ and ___________ are permissible to eat.

3. Most blood is najs, except the blood of these two organs: ___________ and ____________.

4. The only land vermin that is permissible to eat is the:a. Ratb. Antc. Locustd. Beetle

QUIZ 7 SLAUGHTERING (PART1)

1. In regards to rulings in slaughtering, the two strictest madhabs are: ______________ and ______________. The madhab that is most lax is _____________.

2. Which if the following is NOT a category of permissible animals?a. Killed by starvingb. Killed by slaughteringc. Killed by huntingd. Killed without slaughtering or hunting

3. _____________ and ______________ are the two ways of slaughtering.


4. Matching: Match the following terms with their definitions/descriptions:A.Maita a.) Upper neck; where cows, sheep, and goats are slaughteredB.Nahar b.) SlaughteringC.Sayd c.) killed without slaughtering or huntingD.Dhabhah d.) hunting or can be huntedE. Dabh e.) bottom of neck; where neck connects to collarbone; where

the camel is slaughtered

5. True or False: All blood-flowing land animals that are in your control, such as cows, sheep, goats, and camels, must be slaughtered.

6. True or False: Only you can hunt. You cannot send trained animals to hunt for you.

7. Who is NOT allowed to slaughter?a. Baligh boy (boy who has not reached puberty)b. Girl or womanc. Original Christian or Jewd. Muslim in state of Ihraam (during Hajj)

8. True or False: A trained animal is one that stops eating when you tell it to, and it comes to you when you call it.

9. Which of the following is an acceptable method of killing an animal?a. Using a blade that is not sharpb. Using a trained hunting animalc. Using a stick to beat animal to deathd. Using trap to starve animal to deathe. Using teeth, nails or bones to kill the animal

10. Which madhab believes that saying Bismillah before sending trained animal out to hunt is only Sunnah and not required?

a. Shafi’i


b. Malikic. Hanafid. Hanbali

11. What are the only two types of animals that can be eaten without hunting or slaughtering? ______________ and ______________.

12. True or False: You cannot eat seafood that has been prepared by an atheist, agnostic, or Zoroastrian.

13. Is the meat halal in the following three scenarios?a. Before sending your trained dog out to hunt, you say Bismillah with the intention

that your dog will kill a particular deer. However, when your dog returns from hunting, you realize that it has killed another deer. Is the meat of this dear halal?

b. You shoot a bird, but it falls into the water. You are not sure if it has died from drowning or by your arrow. Is the meat of this bird halal?

c. You send your trained dog out to hunt. When you go to the catch, you see your dog by the dead animal. But you also see other dogs nearby. You are not sure if the animal was killed by your dog or by the other dogs. Is the meat of this animal halal?

14. True or False: You cannot eat from your partially-trained dog’s catch. If you get to the animal before it is killed, then you must slaughter it.


THE Test on Fiqh of Food

--------------------------------------

Test – Fiqh of Food

Directions: After you have finished studying on the fiqh of food section, close your notebook and take this test. It will give you some indication as to how well you have studied, and how much more you need to study, bi’dhnillah!

1. Which ones of the etiquettes of food do scholars say will constitute sin if you leave it out?

a. Saying the basmalah and not wasting foodb. Washing the hands and controlling one’s belchingc. Not criticizing the food and eating with the right handd. Saying the basmalah and eating with the right hand

2. True or False: It is never permissible to breathe into the container you’re drinking.

3. Which companion did most of the rulings of the etiquettes of eating and drinking come from? Why?

4. Make a diagram of how the shari’ah divides animals.

5. What is the general rule regarding the madhaahib in food?

6. What is the one food that is unanimously considered haraam by all scholars?

a. dogs and pigb. pigc. mulesd. biryani

7. What is the du’ah you make for the one who hosted you?

8. Which animal do most of the scholars consider permissible to eat but the Hanafis consider it to be makrooh? Why?


9. True or false: All animals with fangs are haraam.

10. How does a jallalah animal come out of the ‘jallalah’ category?

11. True or false: There is a difference between whales and regular fish, according to the scholars.

12. Which animal is forbidden to eat because it makes tasbeeh? Hint: It croaks!

13. Birds that hunt with ______ are forbidden.

14. Which of the following birds are forbidden to eat because the Prophet salallahu ‘alaihi wa salaam explicitly mentioned it?

A.The hoopoe and hudhudB.The shrike and duckC.The hoopoe and shrikeD.Tweety and Big Bird

15. With regards to slaughtering, what is the general rule of the madhaahib?

16. With regard to slaughtering animals, how are they categorized?

17. What may a person hunt with?

18. What is forbidden with regards to hunting?

19. Give an example of animals that you can eat without hunting or slaughtering.

20. Discuss the conditions of the one who is slaughtering.

21. True or false: You can slaughter with a blunt knife.

22. What is the majority opinion with regards to the fact that the knife is not from an animal’s teeth or claws?

23. What is considered the perfect slaughter?


24. Which is the majority position with regards to eating animals whose necks have completely been cut off?

a. Haraamb. Makroohc. Mubah

25. The only scholars that saying the tasmiya before slaughtering is mustahabb are…

a. The hanafis and Malikis

b. The Shafi’ees

c. The Hanbalis and Shafi’ees

d. ibn Taymiyyah and ibn Qayyim

26. Essay: Discuss the different opinions regarding what parts of the animal are required to be cut to be considered the perfect slaughter.


Answers to the Test

---------------------------------

1. Which ones of the etiquettes of food do scholars say will constitute sin if you leave it out?

a. Saying the basmalah and not wasting foodb. Washing the hands and controlling one’s belchingc. Not criticizing the food and eating with the right handd. Saying the basmalah and eating with the right hand

Answer: D. Saying the basmalah and eating with the right hand

2. True or False: It is never permissible to breathe into the container you’re drinking.

Answer: False. It is permissible to breathe into your own cup. However, if you’re sharing it, it’s part of the etiquettes of drinking that you do not breathe into it.

3. Which companion did most of the rulings of the etiquettes of eating and drinking come from? Why?

Answer: Anas ibn Malik because he had served the Prophet salallahu ‘alaihi wa salaam for many years.

4. Make a diagram of how the shari’ah divides animals.

Answer:

Land Animals

|

Domestic & Wild

_____|____

| |

a) Predatory b) non-predatory

5. What is the general rule regarding the madhaahib in food?


Answer: The Malikis are most lax. The Hanafis are the most strict. The Hanbali and Shafi’ee madhaahib are in between.

6. What is the one food that is unanimously considered haraam by all scholars?

a. dogs and pigb. pigc. mulesd. biryani

Answer: B. pigs; The Maliki madhab considers dogs and mules makrooh.

7. What is the du’ah you make for the one who hosted you?

Answer: اغفرلھم وارحمھم اللھم بارك لھم فیما رزقتھم و

Allahumma baarik lahum fi ma razaq-tahum wagh-firlahum war-hamhum.

8. Which animal do most of the scholars consider permissible to eat but the Hanafis consider it to be makrooh? Why?

Answer: The Hanafis consider the horse to be makrooh because they say that it was made for riding, not eating, according to a hadeeth.

9. True or false: All animals with fangs are haraam.

Answer: False, predators with fangs are haraam. For example, some hyenas are permissible because there are species that do not hunt, though they do have fangs, which are the canine teeth that are sticking out. Also elephants’ tusks were considered fangs by some earlier scholars, but latter scholars declared them permissible to eat because they do not hunt.

10. How does a jallalah animal come out of the ‘jallalah’ category?

Answer: When the jallalah animals eats permissible/pure foods for a number of days. There is a difference of opinion as to the exact numbers of days.

11. True or false: There is a difference between whales and regular fish, according to the scholars.

Answer: False, there is no difference.

12. Which animal is forbidden to eat because it makes tasbeeh? Hint: It croaks!

Answer: Frogs.


13. Birds that hunt with ______ are forbidden.

Answer: Talons.

14. Which of the following birds are forbidden to eat because the Prophet salallahu ‘alaihi wa salaam explicitly mentioned it?

A. The hoopoe and hudhudB. The shrike and duckC. The hoopoe and shrikeD. Tweety and Big Bird

Answer: C. The hoopoe and shrike.

15. With regards to slaughtering, what is the general rule of the madhaahib?

Answer: The strictest in slaughtering are the Malikis and Hanbalis. The most lax are the Shafi’ees.

16. With regard to slaughtering animals, how are they categorized?

Answer: a. Animals you must slaughter.

b. Animals that you can hunt (sayd)

c. Animals you don’t need to slaughter (mayta)

17. What may a person hunt with?

Answer: A dog or sharp instruments.

18. What is forbidden with regards to hunting?

Answer: You cannot…

Hunt with something because of its weight Hunt with something because of its bluntness Use sticks by beating Use animal traps to starve the animal to death

19. Give an example of animals that you can eat without hunting or slaughtering.


Answer: Fish, locuts, etc.

20. Discuss the conditions of the one who is slaughtering.

Answer:

He must know that he is going to slaughter and intends it. He is a Muslim, Jew or Christian. According to the Shafi’ee madhab, the Christian must be

non-Arab. He CANNOT be an agnostic, atheist or polytheist (i.e. Hindus, Zoroastrians, etc.)

21. True or false: You can slaughter with a blunt knife.

Answer: False, the knife HAS to be sharp.

22. What is the majority opinion with regards to the fact that the knife is not from an animal’s teeth or claws?

Answer: The sharp instrument that is used to slaughter the animal is not from animals.

23. What is considered the perfect slaughter?

Answer: The trachea, esophagus and two jugular veins.

24. Which is the majority position with regards to eating animals whose necks have completely been cut off?

a. Haraamb. Makroohc. Mubah

Answer: B. Makrooh

25. The only scholars that saying the tasmiya before slaughtering is mustahabb are…

a. The hanafis and Malikis

b. The Shafi’ees

c. The Hanbalis and Shafi’ees

d. ibn Taymiyyah and ibn Qayyim


Answer: B. The Shafi’ees.

26. Essay: Discuss the different opinions regarding what parts of the animal are required to be cut to be considered the perfect slaughter.

There are four passages of an animal in question with regards to slaughtering - trachea, esophagus and two jugular veins are cut.

1. That all four parts need to be cut, i.e. the perfect slaughter. This opinion is a minority opinion in the Maliki and Hanbali madhab.

2. Any of the three passages within the neck must be cut. This opinion is head by the Hanafi madhab.

3. The trachea and two jugular veins must be cut. This is the standard position of the Maliki madhab including Imam Malik, raheemahullah.

4. The trachea, esophagus and one of the jugular veins must be cut. This was the position of Abu Yusuf, the student of Imam Abu Hanifa, raheemahumAllah.

5. Only the trachea and the esophagus need to be cut. This opinion is the primary position of the Hanbali and Shafi’ee madhaahib.


Vocabulary List

-----------------------------

Adhab ut Ta’am- Etiquette of food and clothing

Raghada1- Freely or Bountiful

Al Maidah- The Table Spread

Hijaz Arabs- The people of the Prophet (s) (Meccan and Medinan Arabs)

Ghulam- Little boy

Mustahab- Preferred

Makruh- Disliked or offensive

Barakah- increase in something good

Ittika- 1) To lean with one’s back against a support

2) To lean to one’s left side, supporting the

body with one’s left hand

3) To sit cross-legged

Al An’am- The Cattle

Hinny- Hybrid of male horse and a female donkey

Mustakhbath- Disgusting or revolting

Jallalah- Any creature that eats a huge amount of najas

Tayyib- Pure

1 The translation from the Quran (surah Baqarah verse 35) is “freely”. However, we believe Sheikh Yasir Qadhi stated “bountiful” AllahuAlim.


Tariyy(an)- Delectable, tender, or fresh (S. Fatir:12)

Hudhud- Hoopoe

Surad- Shrike

Carcass- Dead animal

Dhabh- Slaughtering

Sayd- May be hunted

Mayta- Already dead

Dhabah- Slaughtering top of neck (cows, sheep, goat)

Nahar- Slaughtering bottom of neck (camels)

Tasmiya- Mention of Allah’s name

Bulugh/Baligh- Age of Puberty

Mumayaz- One who is aware of his/her surroundings (able to make an intention)

Mansakan- rites (of sacrifice in Surah Hajj: 34)

Hunafa- The few who avoided idolatry in Pre-Islamic times (example: Waraqah ibn Naufal)

Ta’abuddi- Sacrificing is not purely a religious act


List O’ Gems---------------------------------

Taken From: http://forums.almaghrib.org/showthread.php?t=31327

Every Najas is haram but not every haram is najas!

Just because something is disgusting to you, does not mean its not allowed, it actually might be someones delicacy.

You CANNOT eat the meat of other than Jews, Christians and Muslims (i.e. Zoroastrians, Hindus, Sikhs, AGNOSTICS, ATHEISTS).

Bring about NJ-HAM!

New Jersey Halal Association of Meat - a body to monitor the halal meat stores around the area to make sure that the authenticy of Halal does not dwindle any further

If the meat of something is forbidden, which is the most advantageous and useful part of an animal, then other less useful things such as the skin are also forbidden

Allah did not reveal the Shariah for one ethnicity- Ibn Taymiyyah

While everyone in Madinah left the halaqa of Imam Malik to see the elephant (an exotic animal in Arabia at the time), all but Yahya ibn Yahya left. He said:There are many elephants in the world that I can encounter any other time in my life,but there is only ONE Imam Malik!!

A Jalallah is makrooh, and it can become pure

Fish is the only meat Allah praised in the Quran

A jallalah is an animal that eats najis. It can however become pure if it eats pure food for a number of days.

You cannot kill two birds: the strike (surad) and the hoopoe (hudhud)


Food for thought:

You really have to do your homework when it comes to these issues. For example the shaikh said around 40% of Denmark is openly agnostic (doesn't believe in a God). It is also a large exporter of beef products.

It is also prohibited to eat the slaughter of an agnostic.

Be smart. Do your homework and ascertain its halality.

The perfect slaughter is when the trachea, esophagus and both jugular veins are cut.

You're not supposed to slaughter the animal in front of other animals.

Don't make a big racial debate about meat issues! Hanafis aren't just desi and Shafi'ees aren't just Egyptian!

learn the usool (foundations) not the minutiae to distinguish halal and haram.

We differ over petty matters in the deen, forgetting that Islam is a religion meant to unite ALL of mankind!

"SPICES MAKE YOU A BETTER PERSON!!!!!!"


Notes: DETAILED

------------------------------

Allowed by unanimous consensus:

1. Cattle (cows, sheep, goat, camels)

All baheema are permitted.

2. Gazelles, deer, antelopes, etc.3. Wild bovines (buffalos, etc.)4. Zebras

The prophet permitted zebras & forbade donkeys

Jabir b. 'Abdullah is reported to have said:

We ate during the time of Khaibar the (flesh) of horses and of wild donkeys, but Allah's Messenger

prohibited us (to eat) the flesh of domestic donkeys. This hadith has then صلى اهللا علیھ و سلمtransmitted on the authority of Ibn Juraij.

[Sahih Muslim: Book 021, Number 4780]

There is no such thing as wild donkeys. The term used in Arabic refers to zebras, not wild donkeys. It is what they would call zebras in Arabic when once upon a time zebras used to live in Arabia.

5. Rabbits

The prophet was given a rabbits leg rate from it.

Narrated Anas رضى اهللا عنھ:

We chased a rabbit at Mar-al-Zahran and the people ran after it but were exhausted. I overpowered and caught it, and gave it to Abu Talha who slaughtered it and sent its hip or

two thighs to Allah's Apostle اهللا علیھ و سلم صلى . (The narrator confirms that he sent two thighs). The Prophet accepted that. (The sub-narrator asked Anas, "Did the Prophet; eat

from it?" Anas replied, "He ate from it.")


[Sahih Al-Bukhari: Volume 3, Book 47, Number 746]

Prohibited by unanimous consensus:

1. All types of pig, and all that is derived directly from it

Khinzeer-includes other types of animals than pig e.g. the wild boar.

Lahma al-khinzeer: the flesh of pig. When Allah سبحانھ وتعالى prohibits the item that is the most useful – the juiciest part of the animal – then anything less useful is also prohibited.

There is no ikhhlaf about this issue.

2. All types of dog

Maliki: don’t consider them forbidden; some say makruh.

3. Donkeys (“domesticated donkeys”)

Maliki: don’t consider them forbidden; some say makruh.

Shaibani reported:

I asked 'Abdullah b. Abu Aufa about (the lawfulness or unlawfulness of) the flesh of the domestic asses. He said: We experienced hunger on the Day of Khaibar as we were with the Messenger of Allah و سلمصلى اهللا علیھ . We found domestic donkeys in the exterior of Medina.

We slaughtered them and our earthen pots were boiling when the announcer of the Messenger of Allah صلى اهللا علیھ و سلم made an announcement that the earthen pots should be

turned upside down and nothing of the flesh of the domestic donkeys should be eaten. I said: What kind of prohibition is it that he (the Holy Prophet) has made? He said: We

discussed it amongst ourselves. Some of us said that it has been declared unlawful forever, (whereas others said) it has been declared unlawful since one-fifth (of the booty) has not

been given (to the treasury, as is legally required).


Jabir b. 'Abdullah is reported to have said:

We ate during the time of Khaibar the (flesh) of horses and of wild donkeys, but Allah's Messenger

prohibited us (to eat) the flesh of domestic donkeys. This hadith was then صلى اهللا علیھ و سلمtransmitted on the authority of Ibn Juraij.



4. Mules (offspring of a male donkey and a female horse)

Horse: halal

+ Offspring = mule -> halal or haram?

Donkey: haram

Opinion #1: Jumhoor: If either of the parents are prohibited, the offspring are as well in terms of food.

Opinion #2: Maliki: Look at the father: “The child is ascribed to the father on whose bed he was born.”

Narrated 'A'isha رضي اهللا عنھ :

Sa'd bin Abi Waqqas and 'Abu bin Zam'a had a dispute over a boy. Sa'd said, "O Allah's Apostle! This (boy) is the son of my brother, 'Utba bin Abi Waqqas who told me to be his

custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam'a said, "This is my brother, O Allah's Apostle! He was born on my father's bed by his slave girl." Then the Prophet looked at the boy and noticed evident resemblance between him and 'Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam'a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O

Sauda bint Zam'a." 'Aisha added: Since then he had never seen Sauda.

[Sahih Muslim: Volume 8, Book 80, Number 757]

In this madhab, the hinny (male horse + female donkey) is halal.

Ijmaa: pig; Qiyas: all others.

Difference of opinion over horses

The main difference of opinion is over horses.

Hanafi: impermissible/makruh: Allah سبحانھ وتعالى created the horse to ride, not to eat.

Others: permissible. Even though they are used to ride on, they are still halal to eat. The prophet ملسو هيلع هللا ىلص and his companions slaughtered horses in Medina and ate when there was no drought (Bukhari).

Narrated Asma' رضى اهللا عنھ:

We slaughtered a horse (by Dhabh) during the lifetime of Allah's Apostle while we were at Medina, and we ate it.



p. 10

MAJOR RULING REGARDING LAND ANIMALS

1. Every predator that has fangs

Ibn 'Abbas reported that Allah's Messenger صلى اهللا علیھ و سلم prohibited the eating of all fanged beasts of prey, and all the birds having talons.


Fangs are 2 long canine teeth

E.g. lions, HUMANS, cats, etc.

2. Every animal that is mustakhbath

Examples: scorpions, snakes, rats, mice, monkeys of all types; hedgehog, porcupine; squirrels.

Major ikhtilaaf about this category. This is what separates the Maliki madhab from the others.

The 3 Madhahib: Every animal that is mustakhbath (disgusting, revolting) is prohibited because of the verse:

Those who follow the Messenger, the Prophet who can neither read nor write (i.e.Muhammad ) whom they find written with them In the Taurât (Torah) (Deut,

xviii, 15) and the Injeel (Gospel) (John xiv, 16) , - He commands them for Al-Ma'rûf (i.e. Islâmic Monotheism and All that Islâm has ordained); and forbids them from Al-Munkar (i.e. disbelief, polytheism of All kinds, and All that Islâm has forbidden); He allows them as lawful At-Taiyibât [(i.e. All good and lawful) as regards things,

deeds, beliefs, persons, foods, etc.], and prohibits them as unlawful Al-Khabâ'ith (i.e. All evil and unlawful as regards things, deeds, beliefs, persons, foods, etc.), He releases them from their heavy burdens (of Allâh's Covenant), and

from the fetters (bindings) that were upon them. so those who believe In Him (Muhammad), honour him, help him, and follow the light (the Qur'ân) which has

been sent down with him, it is they who will be successful.

[Surah Al-A’raaf: 157]

Maliki: They say that the other madhahib are understanding the verse wrong. Something can only be haram if Allah سبحانھ وتعالى commands it to be haram. Here,


Allah سبحانھ وتعالى is not commanding a prohibition, rather He is making a statement of fact: whatever Allah سبحانھ وتعالىallows is good and pure, and whatever He prohibits is khabeeth. If you think something is impure, that’s your thinking and not what Allah سبحانھ وتعالى has deemed. Your personal feeling of disgust is irrelevant because other people may not hold the same views, e.g. the desert lizard: some (like the prophet ملسو هيلع هللا ىلص) find it disgusting, but others didn’t and the Shari’ah allows it.

Correct position: the Jumhoor position. Some things are just naturally pure and some impure. We know by our fitrah that some things are good and some things are not. There is pure and there is impure and Allah سبحانھ وتعالى’s Shari’ah affirms this.

But what is mustakhbath?

E.g. snakes: most people find them disgusting.

Maliki position: It’s not disgusting to some, so they allowed it all.

Hanafi: any animal they didn’t like, they called it disgusting and deemed it haram; this is the strictest opinion e.g. shrimp. Abu Hanifah رحمھ اهللاgrew up in aristocratic Persia so anything he thought was disgusting was haram.

Shafi’ee and Hanbali position: They both are somewhere in the middle. They tried to come up with a concrete specification.

Shafi’ee: In order to understand the Arabic word mustakhbath, look at the people who use the word. Look at the culture of the Arabs – civilized Arabs who live in cities, not the Bedouins who eat anything.

Hanbali: Just Arabs is too broad. Who specifically was the Qur'an revealed to? The Hijazi Arabs so look at their taste and cuisine.

Ibn Taymiyyah position (demolished the Shafi’ee and Hanbali position while upholding the jumhoor position): Allah سبحانھ وتعالى did not reveal the Qur'an for one ethnicity and one culture. It is not allowed to take the culture of one ethnicity and subjugate the rest of humanity to it. Look at the desert lizard incident:

Narrated Khalid bin Al-Walid رضى اهللا عنھ:

That he went with Allah's Apostle to the house of Maimuna, who was his and Ibn 'Abbas' aunt. He found with her a roasted dabb (desert lizard) which her sister

Hufaida bint Al-Harith had brought from Najd. Maimuna presented the dabb before Allah's Apostle who rarely started eating any (unfamiliar) food before it was

described and named for him. (But that time) Allah's Apostle stretched his hand towards the (meat of the) dabb whereupon a lady from among those who were

present, said, "You should inform Allah's Apostle of what you have presented to him.


O Allah's Apostle! It is the meat of a dabb." (On learning that) Allah's Apostle withdrew his hand from the meat of the dabb. Khalid bin Al-Walid said, "O Allah's Apostle! Is this unlawful to eat?" Allah's Apostle replied, "No, but it is not found in the land of my people, so I find myself having no need for it." Khalid said, "Then I

pulled the dabb (meat) towards me and ate it while Allah's Apostle was looking at me.


Both Khalid and the prophet ملسو هيلع هللا ىلص were Hijazi and Khalid ate the lizard. The prophet .found it disgusting but he did not make it haram ملسو هيلع هللا ىلص

The Shari’ah prohibits that which the average person of a pure fitrah finds disgusting, e.g. rats, scorpions, and we do not look to the lands of the East (don’t look at the shadh opinions).

Najdis to this day consider the dabb a delicacy.

In reality, it is very difficult to give a solid, air-tight definition of the word mustakhbath. It is a gray area.

Discussion:

1. Elephants 2. Hyena there is no hadeeth about these three at all. 3. Fox

Elephants: The vast majority of the classical 'ulema say they have fangs so they are haram. They considered the tusks as fangs. However, in all likelihood, they had never seen a real elephant; they just saw the tusks and assumed there were no greater fangs than those. They didn’t realize that the elephant is of the gentlest of herbivores. They are not predators so the hadeeth does not apply to them because even if you consider the tusks as fangs (modern science says they aren’t because they are made of different material from fangs) they still are not predators.

Story of Yahya bin Yahya: a circus came to town while Imam Malik was having a halaqa and he let his students go see the elephant. The only person who remained with Imam Malik was Yahya bin Yahya who said: I came all the way from N. Africa to learn from you. I can travel all over the world and see elephants but there is only one Imam Malik and I am here for you now. Yahya bin Yahya became the best student of Imam Malik.

Fox: Haram: It has fangs and it is predatory.

Imam Shafi’ee believed they didn’t hunt with its fangs so they considered them halal.


Hyena: they have fangs but there are two species, and the majority of them do not hunt.

Hanafi: haram

Maliki: halal

Shafi’ee and Hanbali: they generally allow it and a sahih hadeeth backs them up.

Jaabir ibn ‘Abdullah رضى اهللا عنھ said,

“I asked Allah’s Messenger صلى اهللا علیھ و سلم about the hyena and he replied, “It is game, and if one in the state of ihram hunts it, he should give a sheep as atonement.”

[Sunan Abu Dawud, Vol. 3, p. 1071, Number 3792; ad-Daarimee, al-Bayhaqee, Ibn Hibaan, ad-Daaraqutnee and al-Hakim, and declared Sahih (authentic) by al-Haakim

and al-Albaani in Irwaa al-Ghaleel, Vol. 1, p. 242, Number 1050]

If it’s game, then it’s halal.

4. Jackals5. Dabb

p. 11

Narrated Khalid bin Al-Walid:

That he went with Allah's Apostle to the house of Maimuna, who was his and Ibn 'Abbas' aunt. He found with her a roasted mastigure which her sister Hufaida bint Al-Harith had brought from Najd. Maimuna presented the mastigure before Allah's Apostle who rarely started eating any (unfamiliar) food before it was described and named for him. (But that time) Allah's Apostle stretched his hand towards the (meat of the) mastigure whereupon a lady from among those who were present, said, "You should inform Allah's Apostle of what you have presented to him. O Allah's Apostle! It is the meat of a mastigure." (On learning that) Allah's Apostle withdrew his hand from the meat of the mastigure. Khalid bin Al-Walid said, "O Allah's Apostle! Is this unlawful to eat?" Allah's Apostle replied, "No, but it is not found in the land of my

people, so I find myself having no need for it." Khalid said, "Then I pulled the mastigure (meat) towards me and ate it while Allah's Apostle was looking at me.


3. The jallalah animal

Jallalah: Those animals that eat najas.


The prophet ملسو هيلع هللا ىلص forbade the meat and milk of a jallalah [Abu Dawud, Ahmad].

'Amr ibn Shu'aib related on the authority of his father, from his grandfather, that the Messenger of Allah prohibited the meat of domestic donkeys. As for the jallalah, he

prohibited riding or eating them."

[Ahmad, An-Nasa'i and Abu Dawud]

Majority considered it makruh; some scholars of the three madhahib considered it haram.

Ijma: they should be avoided.

Jumhoor: it is makruh; you can eat it. The animal is halal and even though it eats najas, you can’t make the entire animal haram (haram haram).

How do you define jallalah? The issue isn’t 1-2 mouthfuls. Even a chicken will inevitably peck some najas as it is pecking for food. The issue is where to draw the line.

Hanbalis, Hanafis: Majority of its food is najas. Meaning, more than 50% of its food is najas.

Shafi’ees: Change in its smell (sweat) and taste (milk). There must be a noticeable change.

Second Category:

Sea Animalsp. 13

1) By unanimous consensus, fish are permitted…

Ijma: by unanimous consensus of all the scholars of Islam, all types of fish are permitted (as long as they are not harmful, poisonous, etc.).

It is the only meat Allah سبحانھ وتعالى praises in the Qur'an with those words.

And the two seas (kinds of water) are not alike, This fresh sweet, and pleasant to drink, and that saltish and bitter. and from them both You eat fresh, tender meat (fish), and derive the ornaments that You wear. and You see the ships cleaving (the seawater as they sail

through it), that You may seek of his Bounty, and that You may give thanks.

[Surah Al-Fatir: 12]


Allah سبحانھ وتعالى describes the meat of fish as “lahman tauree” – fresh, and tender. He does not praise any other meat like this.

Abdullah ibn 'Umar عنھرضي اهللا narrates that the Messenger of Allah صلى اهللا علیھ و سلم said:

“Two types of dead meat and two types of blood have been made lawful for our consumption: The two dead meats are: fish and locust, and the two types of blood are: liver

and spleen.”

[Sunan Abu Dawud, Musnad Imam Ahmad and Sunan Ibn Majah, Al-Bayhaqi]

Scholars do not differentiate between whales and regular fish.

Jabir رضى اهللا عنھ narrated:

“We set out in the army of al-Khabt and Abu Ubayda (Allah be pleased with him) was the commander of the troops. We were struck with severe hunger and the sea threw out a dead

fish the like of which we had never seen, and it was called al-Anbar. We ate of it for half a month. Abu Ubayda took (and fixed) one of its bones and a rider passed underneath it (without touching it). Abu Ubayda said (to us): “Eat (of that fish).” When we arrived at

Madina, we informed the Messenger of Allah (Allah bless him & give him peace) about what had happened, and he said: “Eat, for it is food Allah has brought out for you, and feed us if

you have some of it.” So some of them gave him (of that fish) and he ate it.”


Hanafi position: All “fish” are permitted as long as they do not die naturally and float on the surface.

The fish must have been caught alive or thrown out onto the shore dead (like the whale in the hadeeth), but if it dies in the water and floats there, it is not permissible. They cite a hadeeth from Ad-Daraqutni stating that, “whatever dies and floats on it is not permissible.”

Jabir ibn Abdillah narrates that the Messenger of Allah صلى اهللا علیھ و سلم said:

“What the sea throws up and is left by the tide you may eat, but what dies in the sea and floats you must not eat.”

[Sunan Abu Dawud, no: 3809 & Sunan Ibn Majah]

However, this is a weak hadeeth.

p. 14

2) Animals that live in the water besides fish (e.g. lobster, octopus, shrimp)


All such (non-harmful) animals allowed: Malikis, Hanbalis, Shafi’ees.

Hanafi: all such animals are mustakhbath so they are haram; makruh at the most.

The other Madhahib say the Qur'an didn’t specify “fish;” it permits anything from the ocean.

Lawful to You is (the pursuit of) watergame and its use for food - for the benefit of yourselves and those who travel, but forbidden is (the pursuit of) landgame as long as You are In a state of Ihrâm (for Hajj or 'Umrah). And fear Allâh to whom You shall be gathered

back.

[Surah Al-Ma’idah: 96]

The prophet ملسو هيلع هللا ىلص said:

"Its [the ocean] water is pure and its dead are halal."

[Musnad Imam Ahmad]

They do NOT have to be slaughtered.

The vast majority of scholars allowed all the animals of the ocean (as long as they are not harmful).

Those animals whose “land-equivalents” are prohibited are also prohibited: an opinion within the latter two madhahib (e.g. “sea-dog” seal; “sea-pig” dolphin) – a minority opinion within the Hanbali and Shafi’ee madhahib.

Killing lobsters by boiling them in a pot of water? The scholars say if that’s the way to slaughter a sea animal in your culture, then there is nothing wrong with that.

3) Animals that live on the shore (e.g. crabs, turtles, seals)

Hanafi position: none of these animals are permitted (no evidence to permit it)

Maliki position: (all such animals are allowed)

Shafi’ee and Hanbali position: Blood-flowing animals require slaughter (you cannot just find them dead and pick them up); rest are permitted except for frogs (and crocodiles for Hanbalis)

Frogs:

Narrated AbdurRahman ibn Uthman عنھرضي اهللا :


When a physician consulted the prophet ملسو هيلع هللا ىلص about putting frogs in medicine, he forbade him to kill them.

[Sunan Abu Dawud: Book 28, Number 3862]

The prophet ملسو هيلع هللا ىلص said that their croaking is the way they did tasbih. However, Allah سبحانھ ,سبحانھ وتعالى says in the Qur'an that all the animals make tasbih to Allah وتعالى

The seven heavens and the earth and All that is therein, glorify Him and there is not a thing but glorifies his praise. But You understand not their glorification. Truly, He is ever

forbearing, Oft-Forgiving.

[Surah Al-Israa’: 44]

So how is it okay to kill them but not frogs? The reason for its prohibition is not because it does tasbih; it is because the prophet ملسو هيلع هللا ىلص forbade its killing so if you can’t kill it, how can you eat it?

Crocodiles: prohibited because they are predators with fangs (lots of ‘em!)

p. 15

Third Category: Birds

Vast majority of birds considered permissible by unanimous consensus.

99% of them are permitted. Allah سبحانھ وتعالى praises bird meat as well, but in another way. Allah سبحانھ وتعالى says in the Qur'an that the people in Jannah will have:

ÉOøtm:ur 9�ö•sÛ $£JÏiB tbqåktJô±o� ÇËÊÈ

And the flesh of fowls that they desire

[Surah Al-Waqi’ah: 21]

One of the culinary delights of Jannah that Allah سبحانھ وتعالى has prepared for the believers is bird meat.

Prohibited:

1. Birds that HUNT with talon [except for Malik] (e.g. falcons, eagles, kites, hawks)

Ibn 'Abbas reported that Allah's Messenger اهللا علیھ و سلمصلى prohibited the eating of all fanged beasts of prey, and all the birds having talons.



2. Birds that feed off carrion [except for Malik] (e.g. vultures, buzzards, kites)

They are mustakhbath.

3. Hoopoe and shrike (hudhud, surad) due to explicit prohibition about killing them (Abu Dawud)

Ibn Abbas رضى اهللا عنھ said:

"Allah's Messenger صلى اهللا علیھ و سلم prohibited the killing of four animals: The ant, bee, shrike and hoopoe."

[Abu Dawud]

p. 16

Fourth Category: Land Vermin

Allowed by unanimous consensus: locusts

Abdullah ibn 'Umar رضي اهللا عنھ narrates that the Messenger of Allah صلى اهللا علیھ و سلم said:

“Two types of dead meat and two types of blood have been made lawful for our consumption: The two dead meats are: fish and locust, and the two types of blood are: liver

and spleen.”

[Sunan Abu Dawud, Musnad Imam Ahmad and Sunan Ibn Majah, Al-Bayhaqi]

These types of locusts are not the same we see over here. They are much huger in Arabia; every few years swarms of them come out and they would stand there with bags just collecting them by the bagfuls.

Locusts are explicitly mentioned in the Talmud also as an exception. It is amazing the similarities between the two religions, the laws and the exceptions, and yet they don’t realize that they came from the same source – it’s not like the prophet ملسو هيلع هللا ىلص knew their religion before Islam.

Other vermin*: Majority of scholars prohibited or considered makruh (mustakhbath);

Maliki considered most permissible.


Imam An-Nawawi in al-Majmoo’ states that the view of the scholars considered this haram but Malik said this is halal.

Imam Malik was once asked about a snail. He replied: “I think it is like a locust,” meaning that it is halal but no need to be slaughtered.

Section II:

Slaughtering (Dhabh)p. 18

Three Categories of Permissible AnimalsThe strictest madhab in some respects is the Maliki madhab; in others, Hanafi. The most lax in this area is the Shafi’ee madhab.

1. Require Slaughtering

These animals need to be slaughtered according to a certain ritual (dhabh).

There are two types of slaughter:

a. Dhabh: done at the top of the neck; e.g. for cows, sheep, goatb. Nahr: done at the bottom of the neck; e.g. for camels

Slaughtering is done for all blood-flowing animals in your control. If a deer is in your control, e.g. if it’s injured but not dead, you must do dhabh.

2. May be hunted (sayd)

For some animals, there is no need for slaughter because Allah سبحانھ وتعالى has allowed a concession, but you or your trained animal must kill them (can’t just find them dead).

They ask You (O Muhammad ) what is lawful for them (as food ). say: "Lawful unto You are AtTayyibât [all kind of Halâl (lawfulgood) foods which Allâh has made

lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits, etc.)]. and those beasts and birds of prey which You have trained as hounds, training and teaching them (to catch) In the manner as directed to You by Allâh; so eat of what they catch for you, but pronounce the Name of Allâh over it, and fear

Allâh. Verily, Allâh is Swift In reckoning."



Separate chapter of Fiqh deals with issues such as:

Who is allowed to hunt?

The people in ihram are prohibited from hunting

With what may one hunt?

Can’t hunt with a weapon that kills by force, or traps the animal and starves it to death. You must use a sharp weapon that allows the blood to flow.

Narrated Rafi bin Khadij رضى اهللا عنھ:

The prophet ملسو هيلع هللا ىلص said, "Eat what is slaughtered (with any instrument) that makes blood flow out, except what is slaughtered with a tooth or a nail.'


Characteristics of a “trained” dog?

It stops eating from the prey when you tell it to, etc.

p. 19

Procedure of hunting? Tasmiya is Sunnah for Shafi’ee, mandatory for others

You must say Bismillah before sending the animal out.

What if you intended a specific deer and the dog captured another

As long as you have said Bismillah over the dog, then it’s no big deal

What if you are in doubt as to how the animal died

In this case you are not allowed to eat of the catch

Narrated Adi bin Hatim رضى اهللا عنھ:

I asked the Prophet about the game killed by a Mi'rad (i.e. a sharp-edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, eat of it, but if it is killed with its shaft, with a hit by its broad side

then the game is (unlawful to eat) for it has been beaten to death." I asked him about thegame killed by a trained hound. He said, "If the hound catches the game for you, eat of it, for


killing the game by the hound, is like its slaughtering. But if you see with your hound or hounds another dog, and you are afraid that it might have shared in hunting the

game with your hound and killed it, then you should not eat of it, because you have mentioned Allah's name on (sending) your hound only, but you have not mentioned

it on some other hound.


You also cannot eat from the catch of a partially trained dog unless you slaughter it before it dies.

Narrated Abu Tha'laba Al-Khushani رضى اهللا عنھ:

I said, "O Allah's Prophet! We are living in a land ruled by the people of the Scripture; Can we take our meals in their utensils? In that land there is plenty of game and I hunt the game with my bow and with my hound that is not trained and with my trained hound. Then what is lawful for me to eat?" He said, "As for what you have mentioned about the people of the

Scripture, if you can get utensils other than theirs, do not eat out of theirs, but if you cannot get other than theirs, wash their utensils and eat out of it. If you hunt an animal with your bow after mentioning Allah's Name, eat of it. and if you hunt something with your trained

hound after mentioning Allah's Name, eat of it, and if you hunt something with your untrained hound (and get it before it dies) and slaughter it, eat of it."


When there is a doubt about the meat, you cannot eat from it.

3. Eaten without slaughtering or hunting : Fish, Locusts

Here, there is no need to worry how it dies because the prophet ملسو هيلع هللا ىلص has allowed these two dead animals.

Condition of SlaughterThe procedures to make a land animal halal. The shari’ah concerns itself with

1. Who does the slaughter2. The instrument that is used

Rafi’ narrates that there is no need for specifically a knife.

Rafi’ b. Khadij رضى اهللا عنھ asked:


O Messenger of Allah اهللا علیھ و سلمصلى ! We have no knives [with which to slaughter].” The prophet ملسو هيلع هللا ىلص said: “Whatever [instrument] causes the blood to gush out, and whatever

[animal] Allah سبحانھ وتعالى’s Name is mentioned over, eat (of it).”

[Muttafaq ‘alay]


We were with the Prophet in Dhul-Hulaifa and there the people were struck with severe hunger. Then we got camels and sheep as war booty (and slaughtered them). The Prophet was behind all the people. The people hurried and fixed the cooking pots (for cooking) but the Prophet came there and ordered that the cooking pots be turned upside down. Then he distributed the animals, regarding ten sheep as equal to one camel. One of the camels ran

away and there were a few horses with the people. They chased the camel but they got tired, whereupon a man shot it with an arrow whereby Allah stopped it. The Prophet said, "Among these animals some are as wild as wild beasts, so if one of them runs away from

you, treat it in this way." I said. "We hope, or we are afraid that tomorrow we will meet the enemy and we have no knives, shall we slaughter (our animals) with canes?" The Prophet said, "If the killing tool causes blood to gush out and if Allah's Name is mentioned, eat (of

the slaughtered animal). But do not slaughter with a tooth or a nail. I am telling you why: A tooth is a bone, and the nail is the knife of Ethiopians."


3. How the procedure is done

p. 20

1. Intelligence (not bulugh) of the one who slaughters

Majority: Able to intend slaughter

There are two ages specified in the Shari’ah: Mumayyadh (able to make a niyyah for something) and baligh (having reached the age of puberty).

The majority of scholars say the person must be mumayyadh; there has to be a niyyah but nothing else is relevant.

Shafi’ees: Not a necessary condition, but preferred.

If a child, by some chance, accidentally slaughters a chicken, it is perfectly halal for you to eat.

2. Religion of the one who slaughters


You cannot eat the sacrifice of an atheist, pagan, Hindu, etc.

Unanimous consensus: Muslim; “original” Christian or Jew are all allowed

“Arab” or convert Christians: Shafi’ees prohibited because Ibn 'Umar رضي اهللا عنھ was asked about [eating from] the Banu Tamim and he said they’re not Christians; all they know about Christianity is drinking wine.

However, the other sahabah opposed him and said a Christian is a Christian.

3. Instrument used to slaughter

Two conditions: that it be a sharp instrument that kills by cutting, and not weight; and that it not be manufactured from an animal’s teeth or claws


The prophet ملسو هيلع هللا ىلص said, "Eat what is slaughtered (with any instrument) that makes blood flow out, except what is slaughtered with a tooth or a nail.'


Some scholars say it’s your own nail and tooth; i.e. don’t go ripping the animal apart with your bare teeth and nails.

p. 21

4. Veins that need to be cut

Mammals have four primary passages: trachea (air passage), esophagus (food passage), and two jugular veins (blood arteries).

Perfect Slaughter: all four passages, while leaving the spinal cord

How many of these need to be cut? What is the minimum number?

Opinion #1: Minority within Maliki and Hanbali: all four must be cut

Opinion #2: Abu Hanifa: any 3 (Shaykh YQ’s opinion)

Opinion #3: Maliki: trachea + 2 jugular veins

Opinion #4: Abu Yusuf (student of Imam Abu Hanifa): trachea + esophagus + 1 jugular


Opinion #5: Shafi’ee and Hanbali: Only the trachea and the esophagus

What if the entire neck is cut off? (factories today do it this way)

This is a controversu

Opinion #1: minority: this makes the animal haram

Opinion #2: Jumhoor: it is makruh, but still halal

5. The tasmiya

Crux of the matter with respect to meat available here (in the West)

Is it a necessary condition?

First Opinion: Obligatory to mention Allah سبحانھ وتعالى’s Name, in all circumstances

Held by Ibn Taymiyyah, Ibn al-Qayyim, and 1 opinion of Imam Ahmad

Second Opinion: Obligatory to mention Allah سبحانھ وتعالى’s Name, but forgiven if accidentally forgotten

Standard position of the majority of scholars

Third Opinion: Mentioning Allah سبحانھ وتعالى’s Name is mustahab

According to the Shafi’ee madhab

p. 22

EvidencesEvidences for First Opinion:

PROOF ONE: Sacrificing an animal is an act of worship with specific conditions

Of course it’s an act of worship! You do it for religion, according to how Allah سبحانھ وتعالى wants you to

And for Every nation we have appointed religious ceremonies, that they may mention the Name of Allâh over the beast of cattle that He has given them for food. and Your Ilâh (God) is one Ilâh (God Allâh), so You must submit to Him alone (in Islâm). and (O Muhammad )


give glad tidings to the Mukhbitin [those who obey Allâh with humility and are humble from among the true believers of Islâmic Monotheism].

[Surah Al-Hajj: 34]

PROOF TWO: The verses of Al-An’am

When sacrificing, there are three options:

1. Mention Allah سبحانھ وتعالى’s Name2. Mention other than Allah سبحانھ وتعالى’s Name3. Say nothing

These verses address all three types and are explicit in regards to these

Do NOT eat the meat of that ascribed to other than Allah سبحانھ وتعالى; so if someone says in the name of Jesus Christ or Buddha or Ram or whoever, it is not allowed. Allah سبحانھ وتعالى tells us: Eat the meat over which Allah سبحانھ وتعالى’s Name has been mentioned then asks, why do you not eat the meat over which Allah سبحانھ وتعالى’s Name has been mentioned? He has made this halal for you, so enjoy it but do not eat the meat over which Allah سبحانھ وتعالى’s Name has not been mentioned – it is fisq.

So eat of that (meat) on which Allâh's Name has been pronounced (while slaughtering the animal), if You are believers In his Ayât (proofs, evidences, verses, lessons, signs,

revelations, etc.).

p. 23

And why should You not eat of that (meat) on which Allâh's Name has been pronounced (at the time of slaughtering the animal), while He has explained to You In detail what is

forbidden to you, except under compulsion of necessity? and surely many do lead (mankind) astray by their own desires through lack of knowledge. certainly Your Lord

knows best the transgressors.

Leave (O mankind, All kinds of) sin, open and secret. Verily, those who commit sin will get due Recompense for that which they used to commit.

Eat not (O believers) of that (meat) on which Allâh's Name has not been pronounced(at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of

Allâh). and Certainly, the Shayâtin (devils) do inspire their friends (from mankind) to dispute with you, and if You obey them [by making AlMaytatah (a dead animal) legal by eating it], Then You would indeed be Mushrikûn (polytheists) [because they (devils and

their friends) made lawful to You to eat that which Allâh has made unlawful to eat and You


obeyed them by considering it lawful to eat, and by doing so You worshipped them, and to Worship others besides Allâh is polytheism].

[Surah Al-An’am: 118-121]

p. 24

PROOF THREE: It is of the signs of being a Muslim, just like prayer and facing the qiblah.

من صلى صالتناو استقبل قبلتنا و أكل ذبیحتنا فذاكم المسام الذي لھ ذمة اهللا و ذمت رسولھ فالتخفروا اهللا في ذمتھ

Narrated Anas bin Malik:

Allah's Apostle said, "Whoever prays like us and faces our Qibla and eats our slaughtered animals is a Muslim and is under Allah's and His Apostle's protection. So do not betray

Allah by betraying those who are in His protection."

[Sahih al-Bukhari: Volume 1, Book 8, Number 386]

This is of the outward signs that a person is Muslim and should not be harmed in battle.

It also therefore shows that sacrificing is a type of worship, just as salah and facing our qiblah are.

PROOF FOUR: Strictness shown in hunted animals, so how about non-hunted?

When the animal is not in control, you must still say Bismillahl what about when it is in your control?

Narrated Abu Tha'laba Al-Khushani رضى اهللا عنھ:

I said, "O Allah's Messenger! We are living in a land ruled by the people of the Scripture; Can we take our meals in their utensils? In that land there is plenty of game and I hunt the

game with my bow and with my hound that is not trained and with my trained hound. Then what is lawful for me to eat?" He said, "As for what you have mentioned about the people of

the Scripture, if you can get utensils other than theirs, do not eat out of theirs, but if you cannot get other than theirs, wash their utensils and eat out of it. If you hunt an animal with

your bow after mentioning Allah's Name, eat of it. and if you hunt something with your trained hound after mentioning Allah's Name, eat of it, and if you hunt something with your

untrained hound (and get it before it dies) and slaughter it, eat of it."


You can’t eat of this animal because you don’t know if you’ve said Bismillah before it was killed.


This hadeeth specifies saying Bismillah is necessary. It is a condition of the animal being accepted as halal.

PROOF FIVE: Prohibited even in Pre-Islamic times

The Hunafa, of their own fitrah, won’t eat of meat over which Allah سبحانھ وتعالى’s Name has not been mentioned.

Waraqah bin Nawfal’s habits…

Before prophethood, the prophet ملسو هيلع هللا ىلص had a long conversation with Waraqa bn Nawfal, and among the things he asked him was why he did not eat the meat of Quraysh, to which Waraqa replied: I do not eat the meat they sacrifice to their idols, and I only eat the meat over which Allah سبحانھ وتعالى’s Name has been mentioned. <- I think it was Zayd bin 'Amr bin Nufayl he had this conversation with…

Narrated 'Abdullah:

Allah's Apostle said that he met Zaid bin 'Amr Nufail at a place near Baldah and this had happened before Allah's Apostle received the Divine Inspiration. Allah's Apostle presented

a dish of meat (that had been offered to him by the pagans) to Zaid bin 'Amr, but Zaid refused to eat of it and then said (to the pagans), "I do not eat of what you slaughter on

your stonealtars (Ansabs) nor do I eat except that on which Allah's Name has been mentioned on slaughtering."


PROOF SIX: Shaytan eats from meat over which no name is mentioned

Evidences for Second Opinion:

Jumhoor opinion. They have all the evidences of the 1st opinion, but add one more as well:

On the authority of Ibn Abbas رضى اهللا عنھ that the Messenger of Allah said:

"Allah has pardoned for me my people for [their] mistakes and [their] forgetfulness and for what they have done under duress."

[Ahmad, Ibn Majah, Al-Bayhaqi]

Meaning if you didn’t intentionally not say it. You were planning on saying it but at the moment you did the sacrifice, you forgot – it happens and Allah سبحانھ وتعالىknows your intention and He forgives mistakes.

p. 25


Evidences for Third Opinion:

Shafi’ee position.

PROOF ONE: Explicit hadeeth

“A Muslim sacrifices using the Name of Allah سبحانھ وتعالى, regardless of whether he verbalizes it or not.”

[Ad-Daraqutni]

Even if he doesn’t say it, because he’s Muslim, his niyyah is for Allah سبحانھ وتعالى. They say there’s a symbolic Bismillah ingrained in the action whether or not he verbalizes it.

The above hadeeth is considered weak by all discerning scholars of hadeeth.

Even Sahfi’ee muhadditheen like Ibn Hajr رحمھ اهللا say it’s weak.

PROOF TWO: “You should say Bismillah and eat from it”

أن قوما یأتوننا بلحم ال ندري أذكر اسمللھ : حدیث عا ئشة رضیاهللا عنھا أن قو ما قالوا للنبى صلى اهللا علیھ و سلم البخل ريرواه .)) قالت و كانوا حدیثي عھد بالكفر. سموا علیھ أنتم و كلوه: علیھ أم ال فقال

Narrated 'A'isha رضي اهللا عنھ:

A group of people said to the prophet ملسو هيلع هللا ىلص , "Some people bring us meat and we do not know whether they have mentioned Allah's Name or not on slaughtering the animal." He

said, "Mention Allah's Name on it and eat." Those people had embraced Islam recently.


Scholars did not interpret this hadeeth in this way. Ad-Daraqutni (a Shafi’ee) explains this hadeeth, saying: this hadeeth is not about tasmiya. It has to do with whether you should doubt new converts or not, and the answer is that you should not doubt their knowledge of the Shari’ah. Actually this is a proof Bismillah is necessary or else the prophet ملسو هيلع هللا ىلص wouldn’t have said to say Bismillah. The very fact that the companions are asking this question means that they understood that you had to say Bismillah before slaughtering, but since there were new converts, they may not have heard the ruling and so may not be doing so. Since this was their understanding, this would’ve been the time for the prophet ملسو هيلع هللا ىلص to clarify if they were wrong. So the issue here was, were they (the new converts) aware of the shari’ah or not.

Ibn Hajar رحمھ اهللا agrees with this interpretation as does the Maliki scholar Ibn Abdul Barr رحمھ اهللا.


PROOF THREE: Sacrificing is not a purely religious act (ta’abuddi)

It is not a religious act, rather it is a cultural act.

Where is there evidence for this? Allah سبحانھ وتعالى clearly praises sacrificing as an act of worship.

Say (O Muhammad ): "Verily, My Salât (prayer), My sacrifice, My living, and My dying are for Allâh, the Lord of the 'Alamîn (mankind, jinns and All that exists).

[Surah Al- An’am: 162]

PROOF FOUR: Allah سبحانھ وتعالى allowed us to eat of their meat while knowing how they kill

Allah بحانھ وتعالىس has allowed us the meat of Ahl Al-Kitab

Made lawful to You This Day are AtTayyibât [all kinds of Halâl (lawful) foods, which Allâh has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables

and fruits, etc.). the food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to You and yours is lawful to them. (Lawful to You In marriage) are chaste women from the believers and chaste women from those

who were given the Scripture (Jews and Christians) before Your time, when You have given their due Mahr (bridal money given by the husband to his wife at the time of marriage),

desiring chastity (i.e. taking them In legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. and Whosoever disbelieves In the Oneness of

Allâh and In All the other Articles of faith [i.e. his (Allâh's), angels, his Holy Books, his Messengers, the Day of Resurrection and AlQadar (Divine Preordainments)], Then fruitless

is his work, and In the Hereafter He will be among the losers.


Did not Allah سبحانھ وتعالىknow how they sacrifice? And He still allowed us to eat their meat.

A’oodhu Billah no one is saying Allah سبحانھ وتعالى doesn’t know how they sacrifice. Allah سبحانھ وتعالى knows what they do, but is that what they were commanded to do? Allah سبحانھ وتعالى allows us to eat from them as long as they sacrifice according to their own laws and as long as the other conditions are met.

Kosher: one of its conditions is for Allah سبحانھ وتعالى’s Name to be mentioned – this is equal to halal.

The only group who believes in the same God we do is Ahl Al-Kitab (the Jews and the Christians) so Allah سبحانھ وتعالى has allowed their meat for us and their food, with the right conditions.

PROOF FIVE: The verses of al-Ma’idah abrogate the verses of Al-An’am


Surah Al-Ma’idah is a Madani surah (one of the last to be revealed) while Surah Al-An’am is an early Makki surah. Therefore, Al-Ma’idah abrogates Al-An’am. “Eat not of that over which Allah’s Name has not been mentioned” (Surah Al-An’am: 121) has been abrogated by the allowance to eat from Ahl Al-Kitab.

Abrogation is always a last resort; if two ahadith are conflicting and there is no way for them to be reconciled.

Also, abrogation can only occur for commands and prohibitions. The ayah states: Eat not (O believers) of that (meat) on which Allâh's Name has not been pronounced (at the time of the slaughtering of the animal)” <- this part by itself may be abrogated, but the next part, Allah سبحانھ وتعالى’s statement “for sure it is Fisq (a sin and disobedience of Allâh)” makes it impossible to abrogate. Allah سبحانھ وتعالى makes a statement of fact that eating such meat is a sin and this cannot be abrogated.

Opinion of Some Famous Modern Scholars

Modern Hanafis… Haram

Modern Shafi’ees… Halal

Modern Hanbalis… Shaykh Uthaymeen رحمھ اهللا (modern Hanbali 'ulema): many people say that he allowed it; however, he followed Ibn Taymiyyah’s opinion that saying Bismillah is necessary and no exception is made for being forgetful. He added, however, that one should not ask the Jews and the Christians what they do; just assume they sacrifice in the Name of Allah سبحانھ وتعالى.

Once a man came to him, while Shaykh YQ was there, saying, I know for a fact they don’t say Bismillah. Shaykh Uthaymeen responded, well then it is haram for YOU.

So if we know – and we do know – that they do not say Bismillah before they sacrifice, then it is haram for us.

p. 26

Summary of fiqh issues pertaining to commonly available meat:

1. Religion of the one sacrificing

We assume the religion of the majority of people. However, in many Western countries, there is a significant amount of atheists, etc. This occurs more so in the UK more than in the US, such as in Denmark, where about 40% of the population claim to be atheist. If it were a plant in Texas, then yes we could say for certain that it would most likely be a Christian; however, are you going to check what plant every single can came from before you eat it?


2. State of animal as instrument cuts throat

By law in this country you are required to stun cattle before you kill them and of these, a significant percentage dies before they actually slaughter it. After stunning, it takes about 15-20 minutes at the least for the animal to be slaughtered; some of them die.

3. Mentioning Allah سبحانھ وتعالى’s Name

Even if they are Muslim, they have no intention of saying Bismillah. The machine does it all and when there’s like 70 chickens being slaughtered per minute, how can you say Bismillah before each is killed?

4. Cleanliness of animal itself

Is the animal jallalah? They feed the animals the najas, which causes diseases like mad-cow disease - they’re now figuring out that Allah سبحانھ وتعالى didn’t create some animals to eat other dead animals. This makes it makruh.

Principle: When there is a doubt, avoid the meat.

Note: Distinction between “halal” and “dhabiha” has no real fiqh basis – cultural difference.

Problems and Solutions Problem: This issue, while not as divisive as the moon-sighting one, understandably raises tension between Muslims, Even worse, it has taken on a cultural dimension that exacerbates the matter.

When Muslims first began to come here, it was primarily the Desis and the Egyptians. The Desis are mainly Hanafis so the meat is haram to them, while the Egyptians are mainly Shafi’ees so the meat is halal for them. As other Arabs came, they bonded culturally with the Egyptians and adopted the Shafi’ee view that the meat was halal. Now the issue has become a cultural divide between the Desis and the Arabs without realizing that there was a difference of opinion long before any Desi/Arab ever migrated to the West.

Solution: Educating the Muslims that this is a classical difference of opinion that transcends cultural lines. The scholars of the past debated about it, and there likely will continue to be debate about it but they both are two opinions and we should respect each other’s opinions. We can sit down and have a polite, respectful meal with someone of the opposite opinion, like Sh. YQ and Sh. YB do, without there being debate. Respect the other person’s opinion even if you don’t agree with it.


Problem: There is a very real problem regarding the halal meat in this country. Muslim butchers themselves many times follow dubious practices. Sometimes they just buy the non-halal meat at Sam’s or somewhere and then package it off to you as halal.

Solution: Dire need to form a national body that certifies halal butchers (gradation system?). There’s no reason why each community can’t have a committee that goes out and researches how each halal meat store/ halal restaurant in their community gets its meat.

Problem: Large-scale meat-processing plants present unique issues which might not have simplistic answers. How do you say Bismillah over every animal when 70 chickens are being slaughtered a minute? Do you say Bismillah before you turn on the machine? Have a recorder playing Bismillah on high speed? Say Bimillah Allahu Akbar! Over the entire batch of chickens to be killed that day? Does that even suffice?

Solution: That why the door of ijtihad remains open – let’s use it! there are scholars, maybe not here in the West, qualified to do ijtihaad so let them come up with solutions for these modern dilemmas.

p. 27

Ibn Al-Qayyim رحمھ اهللا ’s (d. 751 H) Psycho-Spiritual Comment…

Ibn al-Qayyim writes, regarding animals that are slaughtered in other than Allah سبحانھ:s name’وتعالى

“[This] slaughtering gives the slaughtered animal a type of filth that necessitates its prohibition. For mentioning the name of idols, or stars, or jinns over a slaughtered animal gives it a type of filth…while mentioning the Name of Allah بحانھ وتعالىس Alone causes it to

acquire purity. And Allah سبحانھ وتعالى has made the [animals] over which His Name has not been mentioned fisq, and that is filthy. There is no doubt that mentioning the Name of Allah

سبحانھ وتعالى over a slaughtered animal purifies it, and expels Shaytan both from the one sacrificing and the animals that is sacrificed. So if the Name of Allah سبحانھ وتعالى is not

mentioned, Shaytan remains a part of [both] the one who sacrifices and the animal that is sacrificed, which in turn causes a type of filth in the animals. And Shaytan runs through the blood veins of animals…so when Allah سبحانھ وتعالى’s Name is mentions by the slaughterer,

Shaytan is expelled along with the blood, thus purifying the slaughtered animal. And If Allah بحانھ وتعالىس ’s Name is not mentioned, the filth is not expelled. And if the name of other than Allah سبحانھ وتعالى, from the devils or idols this causes the animal to acquire yet another type of filth. And slaughter is a type of worshipwhich explains why Allah سبحانھ وتعالى pairs the two together, as in, “So pray to your Lord and sacrifice to Him,” and “Say: My prayer,

and sacrifice, and life and death are only for Allah, Lord of the Worlds,” and “And We have made the sacrificial animals from amongst the signs of Allah, you have much good in it. So

mention the Name of Allah over it as they are lined up, and when their sides fall, then eat of it, and feed the indignant and deprived…” So Allah سبحانھ وتعالى informed us that he has given

ownership and power over these animals to those who mention Allah سبحانھ وتعالى’s Name over it, and that through it one can achieve taqwa, and that is coming closer to Him through


it and mentioning Allah سبحانھ وتعالى’s Name over it. So if Allah سبحانھ وتعالى’s Name is not mentioned over it, it would be prohibited to eat, and would be despised…”

[I’lam Al-Muwaqqi’in: v. 2 p. 154]

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Taught by: Shaykh Yasir Qadhi Al Maghrib Institute Provisions [THE STUDY PACKAGE: PART 2 & 3]...

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