Islamic Judgment on Slaughtering Animals in the Name of Allah, and its’ Relation to Tauheed and Shirk: AS

 

 

Islamic Judgment on Slaughtering Animals in the Name of Allah ,

And its’ Relation to Tauheed and Shirk

 

 

حكم ذبح البهائم بسم الله

وعلاقته بالتوحيد والشرك

 

كتبه الفقير الى مغفرة ربه

أبو ســـــــلمان ضياء الدين ابرلي


Compiled and written by he who seeks the

Mercy of Allah His Gracious Lord

Abu Salman Deya ud-Deen Eberle

قال الله تعالى  :

فَكُلُواْ مِمَّا ذُكِرَ اسْمُ اللّهِ عَلَيْهِ إِن كُنتُمْ بِآيَاتِهِ مُؤْمِنِينَ

“Then eat of that over which the name of Allah has been mentioned, if you believe in His signs.” [The Quran: al-An’aam 6:118]

وَمَا لَكُمْ أَلاَّ تَأْكُلُواْ مِمَّا ذُكِرَ اسْمُ اللّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلاَّ مَا اضْطُرِرْتُمْ إِلَيْهِ

وَإِنَّ كَثِيرًا لَّيُضِلُّونَ بِأَهْوَائِهِم بِغَيْرِ عِلْمٍ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ

“Why should you not eat of that over which Allah’s name has been mentioned, when He has already given you explicit knowledge of those things which He has forbidden for you, except in a case of extreme helplessness? As regards the majority of the people, they following their caprices, say misleading things without any knowledge. Your Lord best knows transgressors” [The Quran: al-An’aam 6:119]

وَلاَ تَأْكُلُواْ مِمَّا لَمْ يُذْكَرِ اسْمُ اللّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌ وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيَآئِهِمْ لِيُجَادِلُوكُمْ

وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُونَ

Do not eat of that on which Allah’s Name has not been pronounced for sure it is rebellious sin.  Certainly the devils do inspire their friends to dispute with you, and if you obey them then you would indeed be polytheists and idolaters.[The Quran: al-An’aam 6:121]

وقال رسول الله صلى الله عليه وسلم :

” إن الشيطان يستحل الطعام أن لا يذكر اسم الله تعالى عليه رواه مسلم

“Verily the Satan deems as legal (for himself) the food that does not have the name of Allah mentioned upon it.” [Reported by Muslim]

 

قال إبليس : كل خلقك بينت رزقه ؛ ففيم رزقي ؟ قال : فيما لم يذكر اسمي عليه

(رواه أبو الشيخ ، و أبو نعيم ، ضياء المقدسي )

“Iblees (the Satan) said: everybody’s sustenance has been determined so what is my sustenance? He (Allah) said: What has not had My name mentioned upon it.”

[Reported by Abu as-Sheikh, and Abu Nu’aim, and Deya`a al-Maqdasi,

and verified by al-Albani in as-Silsalah as-Sahihah no. 807]

 

ما أنهر الدم وذكر اسم الله عليه فكلوا… رواه الجماعة

“What spills and drains the blood  (from the animal), and the name of Allah has been mentioned over it, then you may eat of it…”(Reported by Bukhari, Muslim, Abu Da`ood, Timidthi, an-Nasa`e,  Ibn Majah and others)

 

Three major questions are posed and answered in this book:

1.      (1) – Is pronouncing out loud and mentioning the name of Allah (tasmiyah, or dthikr ismi-llah) at the time of slaughtering animals, one of the two conditions for making the meat pure (tayyib) and lawful (halal), the other condition being purification by cutting the neck and draining the blood from the animal (tadthkiyah or dthkat), under normal circumstances when the animal is under our control?

2.      (2) – Can we Muslims eat the meat of the Jews and Christians whether they slaughter it according to tasmiyah and tadthkiyah or not, in other words, whether they pronounce Allah’s name at the time of slaughtering or purifying it, and regardless to whether they mention the name of other than Allah, or have become secular, nonobservant, and apostate from their own beliefs and professions?

3.      (3) – Can tampering with Allah’s law, avoiding to rule by it, or legislating a man-made law to override the Islamic law, in this issue particularly, and in any laws generally, become a form of shirk (idolatry & polytheism) and kufr (disbelief and infidelity) which nullifies tauheed (Islamic monotheism) and iman (Islamic faith and belief) completely?  Can the legislator, judge and executor of man-made laws and secular laws become taaghoot (one who is worshiped other than Allah and is pleased with that worship)?

Table of Contents

  • Foreword
  • Introduction

PART ONE

  • Conditions of slaughtering animals and making meat “halal
  • The First Issue: Must an animal be slaughtered in the name of Allah?
  • Three major groups on the issue
  • DALAA`IL (Demonstrative Proofs) of the first group
  • The most direct and conclusive Proofs for this group
  • The Rebuttal
  • DALAA`IL of the Second Group
  • The Rebuttal
  • DALAA`IL of the third group
  • The Rebuttal
  • Conclusion
  • The Greater Issue: Legislating laws other than Allah’s Law and executing them then judging accordingly is a form of Shirk and Kufr

PART TWO

  • The Second Issue: The status of the food of the people of the Book (Ahl-al-Kitaab, Jews and Christians)
  • Introduction
  • The major groups and their DALAA`IL
  • The Greater Issue again: Secularism

Conclusions and Summary

  • Appendix A — Similarities and Differences between Jewish and Islamic law (apparently being the reason why their slaughtered meats are halal for Muslims)
  • Appendix B — Concise History of the distinction between lawful and unlawful and the clean and unclean in the books of the Jews and Christians:

1) Similarities between Jewish and Islamic law

2) Differences between Jewish and Islamic law

References and source materials

133 pages

Forth coming (insha-Allah: God willing)

Excerpt from pages 21-52

(Scroll down to bottom of page for footnotes)

 

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Three major groups on the issue

 

There are three major groups among the fuqaha`a (Muslim legal scholar-jurists) on the issue of whether slaughtering in the name of Allah is a necessary condition (shart) to make the meat halal, or in other words, whether mentioning the name of Allah is a pillar (rukn) of slaughtering process or a prescribed act (sunnah) that may not be performed without punishment or dire consequences like rendering the meat unlawful.

The first group necessitates that there are two conditions for any meat to be considered pure (tayyib) and lawful (halal): the first is that it be slaughtered by mentioning the name of Allah (tasmiyah) at the time of slaughtering, and this condition is upon those that remember to pronounce Allah’s name, but if one unintentionally forgets then that does not nullify the legality of the slaughter and meat is still halal; the second is that it must be slaughtered according to the physical means legal in  Islamic law, being tadthkiyyah or dthikat (purification by drainage of the blood) by dthibh, passing the knife over the throat cutting the two jugular veins, windpipe and esophagus (which is best, or at least three of them should be cut according to the majority view), or by nahr, poking the throat of a camel or another large animal and cutting the neck in a prescribed manner – in the normal circumstances when the animal is under our control. The important thing is to allow all the blood to flow out of the body.  In hunting and in the circumstances when the animal has run away wild out of our control, tadthkiyyah is by mentioning the name of Allah and firing and/or throwing an arrow or spear or bullet or any other allowed hunting instrument like the trained hunting dog or bird of prey, and if the animal is killed by the blow or animal of prey then that is sufficient, and if the animal is reached before death, then the slaughter is completed by the hunter or slaughterer with a knife or sharp cutting instrument. These two conditions, tasmiyah and tadthkiyyah, are the pillars or obligations of the correct Islamic slaughtering process.

This is the reported position of Ali ibn Abi Taalib, Ibn Abbas, (may Allah be pleased with them) Sa’eed ibn Musayyib, ‘Ata, Ta`oos, Hasan al-Basri, Abi Malik, Ibn Abi Laila, Rabee’, Muhammad ibn Ja’far, Imam Abu Haneefa and his companions, Imam Malik, Imam Ishaq ibn Rarawai, Imam Ahmad, and others.  Some have even claimed that it was a consensus (ijmaa’) before Imam Shaf’ee, but this seems unacceptable since apparently there have been reported differences before him.

The second group is like the first in necessitating the two conditions except that they say that pronouncing the name of Allah at the time of slaughtering (and hunting) is of such importance that there in no allowance for any exceptions in not pronouncing His blessed name, whether intentionally or unintentionally, by forgetfulness or otherwise.   Thus forgetting or avoiding the pronouncement nullifies the legality of the slaughter and makes the meat haram (unlawful). This is the reported position of Ibn Umar (may Allah be pleased with him), Nafe’, ‘Aamir ash-Sha’by, Ibn Sireen, a narration of Imam Malik, Imam Ahmad, and many others.

The third group claims that the pronouncement of the name of Allah at the time of slaughter is not a necessary obligation (wajib) but an emphasized prescribed tradition (sunnat-al-mu`akkidah) which is good and recommended.   Thus only tadthkiyyah is a necessary condition (shart) to make the meat legal halal; tasmiyah can be skipped intentionally or unintentionally, although it is better and rewarding to perform it. This is the reported position of Imam Shaf’ee, and it has been attributed to the position of Ibn Abbas, Abu Hurairah, may Allah be pleased with them, ‘Ata Ibn Abi Rabbah, and a narration of Imam Malik, Imam Ahmad, and others.

By including the positions of subgroups, two more opinions can be added in this third group: 1) those who say that the meat is haram (unlawful) only if the tasmiyah is left with demeaning, belittling intent of negligence, and 2) those who say that it is not haram (unlawful) since tasmiyah is not a condition, rather makrooh (detestable, obnoxious, undesirable) since tasmiyah is sunah al-ma`kidah and leaving a prescribed sunnah of this importance is neither liked nor desirable.

The demonstrative Proofs (dala`il) cited by each group as evidence for their respective legal positions – the first, second and third (and the subgroups) – are as follows:


DALAA`IL (Demonstrative Proofs) of the first group:

Those who necessitate that the two conditions for any meat to be considered pure (tayyib) and lawful (halal) are tasmiyah, mentioning the name of Allah at the time of slaughtering, and tadthkiyah or dthakaat (purification) by dhibh, or nahr.

The Proofs demonstrating that this is obligatory are so many that we will mention only some of them in what follows, sometimes gathering verses and hadith under one “PROOF” since the manner of deriving the proof in all of them is similar. Some, as will be observed, are much stronger than others, and some are mentioned as supporting evidence.

PROOF 1:  Slaughtering in the name of Allah is a form of worship, and all worship must be only for Allah and in remembrance of His blessed name, whether we remember Him out loud or quietly in our hearts. Allah the Exalted said:

﴿ قُلْ إِنَّ صَلاَتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي لِلّهِ رَبِّ الْعَالَمِينَ {}

لاَ شَرِيكَ لَهُ وَبِذَلِكَ أُمِرْتُ وَأَنَاْ أَوَّلُ الْمُسْلِمِينَ ﴾

“Say: Verily, my prayer, my devotion and slaughter, my life and my death are [all] for Allah, the Lord of the worlds. He has no partner: For this am I commanded, and I am the first of those who submit” [6:162-163].  The word nusuk here includes all devotional and sacred aspects of worship, especially of Hajj, and is used interchangeably with sacrificial slaughtering.

Allah the Exalted said:       ﴿ فَصَلِّ لِرَبِّكَ وَانْحَرْ ﴾

“Therefore pray to your Lord and slaughter [animals in His Name only]” [108:2]

Our sacrificial slaughter in Hajj and ‘Eid al-Adh-ha is actually in commemoration of Abraham’s great sacrifice:

﴿ فَلَمَّا بَلَغَ مَعَهُ السَّعْيَ قَالَ يَا بُنَيَّ إِنِّي أَرَى فِي الْمَنَامِ أَنِّي أَذْبَحُكَ فَانظُرْ مَاذَا تَرَى قَالَ يَا أَبَتِ افْعَلْ مَا تُؤْمَرُ سَتَجِدُنِي إِن شَاء اللَّهُ مِنَ الصَّابِرِينَ {} فَلَمَّا أَسْلَمَا وَتَلَّهُ لِلْجَبِينِ {} وَنَادَيْنَاهُ أَنْ يَا إِبْرَاهِيمُ {} قَدْ صَدَّقْتَ الرُّؤْيَا إِنَّا كَذَلِكَ نَجْزِي الْمُحْسِنِينَ {} إِنَّ هَذَا لَهُوَ الْبَلَاء الْمُبِينُ {} وَفَدَيْنَاهُ بِذِبْحٍ عَظِيمٍ {} وَتَرَكْنَا عَلَيْهِ فِي الْآخِرِينَ {} سَلَامٌ عَلَى إِبْرَاهِيمَ {} كَذَلِكَ نَجْزِي الْمُحْسِنِينَ {}

إِنَّهُ مِنْ عِبَادِنَا الْمُؤْمِنِينَ ﴾

“And when he (Isma`il) attained the age to assist him in his (Abraham’s) work, he said: O my son! I see in vision that I offer you in sacrifice. Now see what your view is. The son said: O my father, do as you are commanded. You will find me, if God so wills, patient. So when they both had surrendered themselves to (Allah), and he laid him down prostrating with his forehead (for sacrifice), We called out to him: O Abraham, you have indeed fulfilled the vision. Thus do We reward the doers of good. Surely this is a manifest trial. And We ransomed him with a great sacrifice. And We left (this blessing) for him among the later generations. Peace be upon Abraham.  Thus indeed do We reward those who do good; for he was one of Our believing servants” [37:102-111] Allah ransomed him with a sacrificial animal, a ram, for slaughter.

PROOF 2: To take any life except with just and due process is illegal and a sin.  Allah is the only one to give just right and determine due process, He who is the Supreme Lord and the one and only Creator of that life. The specific manner of justification along with the special order of Allah is specified in His law and practice of His Messengers as repeated in all the revelations of Allah.  It is allowed to slaughter animals for meat, but wanton killing of any animal is strictly forbidden. By slaughter we are killing what Allah has created, and therefore, it should only be done by His name and by His law.

The Messenger of Allah, peace be on him said:

ما من إنسان يقتل عصفورا فما فوقها بغير حقها إلا يسأله الله عز وجل عنها قيل يا رسول الله وما حقها قال أن يذبحها فيأكلها ولا يقطع رأسها ويرمي بها

“Whoever kills a sparrow or anything bigger than that without a just cause, Allah the Almighty and Majestic will hold him accountable on the Day of Judgment.”  They (the listeners) asked, “O Messenger of Allah, what is a just cause?” He replied, “That he will kill it to eat, not simply to chop off its head and then throw it away.” [an-Nasai, al-Hakim, and confirmed by al-Albani in Sahih at-Targheeb 1/265 no. 1096]).

PROOF 3: Allah has prescribed the mentioning of His blessed name openly at the time of slaughtering in all the communities-nations of believers before us, as He says:

﴿ وَلِكُلِّ أُمَّةٍ جَعَلْنَا مَنسَكًا لِيَذْكُرُوا اسْمَ اللَّهِ عَلَى مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ

فَإِلَهُكُمْ إِلَهٌ وَاحِدٌ فَلَهُ أَسْلِمُوا وَبَشِّرِ الْمُخْبِتِينَ﴾

“For every nation We have prescribed a way of sacrifice so that the people (of that nation) should remember and pronounce the name of Allah over the cattle which He has provided for them”. Your god is One God, therefore surrender unto Him. And give good tidings (O Muhammad) to the humble.”  [22:34]

Each ummah (community) may have different rites and prescribed laws as Allah said:

﴿ لِكُلِّ أُمَّةٍ جَعَلْنَا مَنسَكًا هُمْ نَاسِكُوهُ فَلَا يُنَازِعُنَّكَ فِي الْأَمْرِ وَادْعُ إِلَى رَبِّكَ إِنَّكَ لَعَلَى هُدًى مُّسْتَقِيمٍ ﴾

“For every nation We have ordained religious ceremonies (like slaughtering) which they   must follow; so let them not dispute with you on the matter, but invite them to your Lord. Verily, you indeed are on the straight guidance.” [22:67]

And Allah the Exalted said:           ﴿ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا﴾

“…For each of you We have made a Law and a Methodology (way, manner)…” [5:48]

Since Allah legislated mentioning His blessed name when slaughtering in all communities of believers, this fact is a definite evidence that He has legislated it for us too.

Waraqah ibn Nofel, the Haneef who followed the way of Ibraheem, peace be upon him, used to say to the pagan Arabs of Makkah:

قال ورقة بن نوفل : اني لا اَكل مما يذبحون على انصابكم و لا  اَكل إلا ما ذُكر اسم الله عليه

“…I will not eat from that which you slaughter on the stone altars (of idolatry), and I only eat from that which has had the name of Allah mentioned upon it.” [Reported by Bukhari no. 5499):

It might be said that this is only in special worship which we offer to Allah in special rites like Hajj and ‘Eid al-Adh-ha, but not in regular slaughtering of meat. This is incorrect and will be answered below.

PROOF 4:  Our slaughtered animals, in the manner prescribed in the shari’ah (Islamic law), is a sha’eerah (distinguishing rite and mark) of this religion and our Muslim community, equal in status to making salah (prayer) and facing to qiblah (prayer direction) which is the K’abah in Makkah as mentioned in the Hadith:

من صلى صلاتنا و استقبل قبلتنا و أكل ذبيحتنا فذاكم المسلم الذي له ذمة الله

وذمة رسوله فلا تخفروا الله في ذمته

“Whoever prays our prayer and faces our prayer direction and eats our slaughtered meat then that is a Muslim who has the protection of Allah and His Messenger so do not seek to violate his sanctity. ” [Reported by al-Bukhari and an-Nasa`e]

Sha’eerah is of two types: fard ‘ain and fard kifaayah.  Fard ‘ain is where every individual Muslim is obligated to do a certain act.  Fard kifaayah is where if a group of Muslims fulfilled certain community duties like salat-al-janaazah, the rest of the community members are absolved of that obligation. Tasmiyah and tadthkiyah while slaughtering is a sha’eerah that is fard ‘ain since it is incumbent on every Muslim who chooses to slaughter an animal.  The manner in which slaughtering is placed in the above hadith: along with the prayer and facing of the qiblah, is an evidence of its great disposition.

PROOF 5: Allah has specifically commanded the Muslim community of believers to pronounce the name of Allah at the time of slaughtering at Hajj (pilgrimage) and at other times.  Allah the Exalted said:

﴿ لِيَشْهَدُوا مَنَافِعَ لَهُمْ وَيَذْكُرُوا اسْمَ اللَّهِ فِي أَيَّامٍ مَّعْلُومَاتٍ عَلَى مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ

فَكُلُوا مِنْهَا وَأَطْعِمُوا الْبَائِسَ الْفَقِيرَ﴾

“So that they may witness the benefits that have been made available to them and mention the name of Allah over the cattle He has provided them during the known appointed days, so eat there from, and feed the wrenched destitute ones, the needy poor. ” [22:28]

Allah the Exalted said:

﴿ وَالْبُدْنَ جَعَلْنَاهَا لَكُم مِّن شَعَائِرِ اللَّهِ لَكُمْ فِيهَا خَيْرٌ فَاذْكُرُوا اسْمَ اللَّهِ عَلَيْهَا صَوَافَّ فَإِذَا وَجَبَتْ جُنُوبُهَا فَكُلُوا مِنْهَا وَأَطْعِمُوا الْقَانِعَ وَالْمُعْتَرَّ كَذَلِكَ سَخَّرْنَاهَا لَكُمْ لَعَلَّكُمْ تَشْكُرُونَ {} لَن يَنَالَ اللَّهَ لُحُومُهَا وَلَا دِمَاؤُهَا وَلَكِن يَنَالُهُ التَّقْوَى مِنكُمْ كَذَلِكَ سَخَّرَهَا لَكُمْ لِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَبَشِّرِ الْمُحْسِنِينَ ﴾

“And We have included the camels (dedicated for sacrifice) among the Symbols of Allah, for there is much good for you in them, therefore make them stand and mention the name of Allah over them, and eat and feed the poor and the destitute, thus Allah has made them subservient to you so that you might give thanks.   Their meat and blood do not reach Allah but your piety reaches Allah, and Allah has made them subservient to you so that you may magnify and glorify Allah (by saying Allahu Akbar) as He has guided you, and give glad tidings to those that do good.” [22:36-37]

The obligatory nature of mentioning Allah’s name is emphasized in pilgrimage because Allah repeats it specifically three times (verse 28, 34, 36). Then Allah most Great re-emphasized this by stating that the actual meat and blood does not reach Allah, an idea that distinguishes the Muslims’ sacrificial slaughter from that of the Jews and Christians as will be discussed later on, but the state of piety and sincerity in the heart.

 

PROOF 6: concerning the animals that are hunted, Allah specifies the mentioning of Allah’s name on the hunting animal sent to catch them, and this is further explained in the Sunnah wherein we are ordered to mention Allah’s name when shooting the arrow or bullet, as documented below.

Allah the Exalted said:

﴿ يَسْأَلُونَكَ مَاذَا أُحِلَّ لَهُمْ قُلْ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَمَا عَلَّمْتُم مِّنَ الْجَوَارِحِ مُكَلِّبِينَ تُعَلِّمُونَهُنَّ مِمَّا عَلَّمَكُمُ اللّهُ فَكُلُواْ مِمَّا أَمْسَكْنَ عَلَيْكُمْ وَاذْكُرُواْ اسْمَ اللّهِ عَلَيْهِ وَاتَّقُواْ اللّهَ إِنَّ اللّهَ سَرِيعُ الْحِسَابِ﴾

“They ask you what has been made lawful for them. Say, all the good and pure things have been made lawful for you. You may also eat of that which the hunting animals hunt for you, which you have trained to hunt in accordance with the knowledge Allah has given you, catch and hold for you, and mention Allah’s name over it, and fear to violate the Law of Allah, for Allah is swift at reckoning” [5:4]

This verse specifies that the pure and good are the lawful, and that mentioning the name of Allah when hunting the prey is what makes the meat of those animals pure and lawful. There is no tadthkiyah here, and only tasmiyah to make the meat lawful.

PROOF 7:  Slaughtering animals in the names of other than Allah, and for dedication to idols, is a form of shirk (polytheism, idol worship, associating partners with Allah in His Lordship or His Divinity -in the worship of Him-or His names and attributes).  There is an ijmaa` (consensus) that it is shirk, and that doing so makes one a mushrik and kafir.   Allah mentions this repeatedly in the list of prohibited meats that are a heinous abomination and not allowed to be eaten, as will be mentioned in its place below. And in the sunnah, it is reported on the authority of `Ali ibn Abi Taalib, may Allah be pleased with him, that he said:

لعن الله من ذبح لغير الله ولعن الله من سرق منار الأرض (وفي رواية من غير منار الأرض) ولعن الله من لعن والده ولعن الله من آوى محدثا

“Allah’s Messenger told me four things: “Allah has cursed the one who slaughters for other than Allah; Allah has cursed the one who steals (and in another version alters) the land-marks; Allah has cursed the one who curses his parents; Allah has cursed the one who protects and shelters the muhdith (criminal, wrongdoer, innovator).”  [Reported by Muslim no. 4878, and others]

PROOF 8: Allah specifically cites that not to mention the name of Allah upon a slaughtered animal on purpose is a trait of the idolaters and polytheists, and is an example of their blasphemous lies upon Allah and their innovations of making that which was lawful to be unlawful.  Allah the Exalted said:

﴿ وَقَالُواْ هَذِهِ أَنْعَامٌ وَحَرْثٌ حِجْرٌ لاَّ يَطْعَمُهَا إِلاَّ مَن نّشَاء بِزَعْمِهِمْ وَأَنْعَامٌ حُرِّمَتْ ظُهُورُهَا

وَأَنْعَامٌ لاَّ يَذْكُرُونَ اسْمَ اللّهِ عَلَيْهَا افْتِرَاء عَلَيْهِ سَيَجْزِيهِم بِمَا كَانُواْ يَفْتَرُونَ ﴾

“And they say, these cattle and crops are sacred; none shall eat of them except those whom we wish, -so they assert- and cattle whose backs are prohibited (to burden), as well as cattle on which (at the time of slaughtering) the name of Allah is not mentioned, a forgery against Him. He will assuredly recompense them for what they have forged.” [6:138]

In this verse we find that certain polytheistic customs demanded that the idolaters not mention the name of Allah on certain types of animals when slaughtering, a custom when they slaughtered in the names of their idols. Both are an abominable blasphemous lie upon Allah since, as cited above, mentioning Allah’s name on slaughtered animals is part of the religion of all believing communities, just as mentioning the name of other than Allah or not mentioning Allah is a trait of all disbelieving communities.  Shirk is the most serious sin out of all sins and in all nations of believers.  Making unlawful what Allah has made lawful constricts the bounties and blessings of Allah and is a particular trait of the idolaters, and as will be shown in the greater issue, is an act of disbelief in and of itself making any Muslim who performs it a murtid (apostate).

PROOF 9: Any food that is impure is from the khubth (impure, filth, disgusting, etc) and is apposed to the tayyib (pure, clean and wholesome).  All khabaa`ith (plural of khabeeth; dirty, malicious, impure, harmful, obnoxious, filthy, putrid, etc,) are unlawful and all tayyibaat (plural of tayyib) are lawful, as Allah says:

﴿وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَآئِثَ﴾

“…and he (the messenger by revealed knowledge from Allah) has made lawful for them the tayyibaat and unlawful for them the khabaa`ith.” [7:157]

There are physical as well as spiritual reasons why the meat on which Allah’s name has not been pronounced is detrimental to man: it is fisq; it is khabeeth; it is the food of the disbelievers, the sinners and of the shayaateen, as documented in the following Proofs.

Here it is appropriate to relate some observations of the renowned scholar Ibn Qayyim.  He discussed the fact that Allah has made unlawful for us anything khabeeth (with the trait of khubth), as He mentioned in the verse,     ﴿ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَآئِثَ

He goes on to explain that sometimes this khubth is readily apparent and sometimes less apparent, and sometimes the khubth is in the slaughtered animal and sometimes in the slaughterer himself or in the manner that he slaughtered.   Then he said: “and as for the  slaughtering of the magian and the apostate and the one who leaves the mentioning of the name of Allah (tasmiyah) and the one who slaughterers in the name of other than Allah, the slaughtered animal of these slaughterers has taken on the trait of having khubth which necessitated its unlawfulness. It is not to be denied that the name of an idol or a planet or the jinn (that are worshipped) would make the slaughtered animal take on khubth, or that mentioning the name of Allah would make it pure (tayyib), except for the person who has a limited ability to understanding and comprehend the realities of knowledge and faith and the law of Allah; that is that Allah the Exalted has made that which does not have the name of Allah mentioned upon it to be fisq and khabeeth.  Without doubt the pronouncement of the name of Allah on the slaughtered animal makes it pure and drives the Satan out expelling him from the slaughterer and the slaughtered animal.  If the name of Allah is not mentioned then the Satan enters into the slaughterer and the slaughtered animal, which gives the effect of khubth on the animal.  The Satan runs in the blood vessels of an animal, and the blood is that which he rides and by which he is transported, and it is the worst form of khubth.   Therefore when the slaughterer pronounces the name of Allah the shaitaan leaves along with the blood (that is drained out) and the animal becomes pure.  So (it makes perfect sense that) when the slaughterer doesn’t mention the name of Allah, the khubth doesn’t leave, and if he mentioned the name of the enemy of Allah, the Satan and the idols, then that gives the slaughtered animal even more khubth (over and above the original natural khubth in the blood). To explain this fact more we can say that the act of slaughtering is an act of worship and that is why Allah mentions it along with the act of prayer in more than one place.

For instance when He said:              ﴿ فَصَلِّ لِرَبِّكَ وَانْحَرْ﴾

“Therefore pray to your Lord and slaughter [animals in His Name only]” [108:2]

And He said:  ﴿ قُلْ إِنَّ صَلاَتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي لِلّهِ رَبِّ الْعَالَمِينَ ﴾

Say: Verily, my prayer, my devotions and slaughter, my life and my death are [all] for Allah, the Lord of the worlds. He has no partner”[6:162]

And He said:

﴿ وَالْبُدْنَ جَعَلْنَاهَا لَكُم مِّن شَعَائِرِ اللَّهِ لَكُمْ فِيهَا خَيْرٌ فَاذْكُرُوا اسْمَ اللَّهِ عَلَيْهَا صَوَافَّ فَإِذَا وَجَبَتْ جُنُوبُهَا فَكُلُوا مِنْهَا وَأَطْعِمُوا الْقَانِعَ وَالْمُعْتَرَّ كَذَلِكَ سَخَّرْنَاهَا لَكُمْ لَعَلَّكُمْ تَشْكُرُونَ {} لَن يَنَالَ اللَّهَ لُحُومُهَا وَلَا دِمَاؤُهَا وَلَكِن يَنَالُهُ التَّقْوَى مِنكُمْ ﴾

“And We have included the camels (dedicated for sacrifice) among the Symbols of Allah, for there is much good for you in them, therefore make them stand and mention the name of Allah over them, and eat and feed the poor and the destitute, thus Allah has made them subservient to you so that you might give thanks. Their meat and blood do not reach Allah but your piety reaches Him…” [22:36-37] Here Allah explains that He has only made the animals subservient to those who have mentioned the name of Allah over them, and to only the one who has the fear and awe of Allah.  He alone will attain the pleasure of Allah by offering the sacrificial animal to Allah and by his pronouncing the name of Allah upon it.  Thus if the name of Allah is not mentioned, it becomes unlawful to eat and abhorred and disliked by Allah… It cannot be denied that the action of the slaughterer, his intention and his (innate) trait of khubth effect the slaughtered animal…” [Ibn Qayyim: I’ilaam al-Muqi’een 2/104-5]

Ibn Qayyim is explaining that the traits of khubth and fisq are the traits inherent in the slaughterer by their original characteristics or taken upon him by his own action during slaughtering, and this action affects the slaughtered animal.   In the case of a mushrik and the murtid (apostate) they themselves are impure by their general quality as disbelievers and disobedience to Allah’s laws.  In the case of the one who mentions the name of other than Allah like the idols or who doesn’t mention the name of Allah, then we know by the text of that Qur`an that the animal slaughtered is considered fisq since Allah says:

﴿وَلاَ تَأْكُلُواْ مِمَّا لَمْ يُذْكَرِ اسْمُ اللّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌ وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيَآئِهِمْ لِيُجَادِلُوكُمْ وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُون﴾

“Do not eat of that meat on which Allah’s Name has not been pronounced (at the time of the slaughtering), for sure it is Fisq (a rebellious sin).  And certainly, the Shayaateen (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them then you would indeed be idolaters and polytheists.” [6:122]

And He the Majestic said:  ﴿ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللّهِ بِهِ ﴾ “…or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for other than Allah.” [6:145]

Is the slaughterer, or the slaughtered, to be considered to be “fisq” here?  Actually both are fisq, the slaughter by his rebellious disobedience to Allah, and the animal by the disobedient action done upon it by not mentioning the name of Allah or by the mentioning of other than Allah.   Fisq is all disobedience that is done in the manner of rebellion and outright violation of the right: it cannot be anything but khabeeth and unlawful, and hateful to Allah. All the lawful things are pure, and their purity is attached to mentioning Allah’s name as mentioned above, as Allah says:

﴿ يَسْأَلُونَكَ مَاذَا أُحِلَّ لَهُمْ قُلْ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَمَا عَلَّمْتُم مِّنَ الْجَوَارِحِ مُكَلِّبِينَ تُعَلِّمُونَهُنَّ مِمَّا عَلَّمَكُمُ اللّهُ فَكُلُواْ مِمَّا أَمْسَكْنَ عَلَيْكُمْ وَاذْكُرُواْ اسْمَ اللّهِ عَلَيْهِ وَاتَّقُواْ اللّهَ إِنَّ اللّهَ سَرِيعُ الْحِسَابِ ﴾

“They ask you what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what you have taught your trained hunting animals (to catch) in the manner directed to you by God: eat what they catch for you, but pronounce the name of God over it: and fear God; for God is swift in taking account.” [5:5]

The fact that certain animals that are obnoxious and dangerous, are called “fasiq” and are commanded to be killed even while in the state of Ihram proves that the meat that is called by Allah “fisq” in the Qur’an is harmful for the human body and soul, as mentioned in the traditions when he said, may Allah’s peace and blessing be upon him:

خمس فواسق يقتلن في الحل والحرم الحدأة والغراب والفأرة والعقرب والكلب العقور

(وفي لفظ الحية مكان العقرب)

“Five rebellious ones (“fawasiq) are to be killed while in or out of the pilgrimage state: the Huddaiyah (kind of hawk), the crow, the rodent, the scorpion, and the rabid dog.” And in a version the snake instead of the scorpion.”  [Reported by Bukhari and Muslim]

 

PROOF 10:  The following hadith proves that our brothers in faith of the jinn partake in the meat we slaughter on the condition that we pronounce the name of Allah making it pure and lawful for them:

في صحيح مسلم عن ابن مسعود: أن رسول الله صلى الله عليه وسلم قال: أتاني داعي الجن، فذهبت معه، فقرأت عليهم القرآن، قال: فانطلق بنا فأرانا آثارهم وآثار نيرانهم، وسألوه الزاد فقال:  لكم كل عظم ذكر اسم الله عليه يقع في أيديكم، أوفر ما يكون لحما، وكل بعرة علف لدوابكم. فقال رسول الله: فلا تستنجوا بهما فإنهما طعام إخوانكم .

Abdullah ibn Masood, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said: A caller of the Jinn came to me so I went with him and read the Qur`an on them. He (ibn Masood) said: We went and saw their tracks and the evidence of the fires. They had asked him for provisions, and he said: You have every bone that the name of Allah has been mentioned upon as bountiful with meat as it ever was, and every dung dropping is the provision for your beasts.” So the Messenger of Allah said (to us): Therefore do no clean yourselves (after the call of nature) with these two (i.e. bones and dung) since they are the food of your brothers.” [Reported by Muslim]

If we do not mention the name of Allah upon the meat we slaughter, we deprive them of their provision. Just as we healthy men like and need meat as sustenance and for strength, so do they.

PROOF 11:  The food of the disbelieving jinn, the devils and shayaateen, is all that which has been slaughtered for other than Allah, like the idols, and all that which has not had the name of Allah mentioning upon it.

This is implied in some texts, as above, and is explicate in the following hadith:

إن الشيطان يستحل الطعام أن لا يذكر اسم الله تعالى عليه ” [رواه مسلم]…”

“Verily the Satan deems as legal (for himself) the food that does not have the name of Allah mentioned upon it.” [Reported by Muslim]

And in a very crucial tradition for its explicit wording related to our issue, on Ibn Abbas, may Allah be pleased with them, the Prophet, peace and blessings of Allah be upon him, said:

“قال إبليس : كل خلقك بينت رزقه ؛ ففيم رزقي ؟ قال : فيما لم يذكر اسمي عليه ”

“Iblees (the Satan) said: everybody’s sustenance has been determined so what is my sustenance? He (Allah) said: What has not had My name mentioned upon it.” [Reported by Abush-Sheikh, and Abu Nu’aim, and Deya`a al-Maqdasi, and verified by al-Albani in as-Silsilah as-Sahihah no. 807]

This implies that the devils would have no food if it weren’t for the disobedience of man and his forgetfulness of Allah’s name and celebration of His remembrance, which is also clear from the following tradition.

عن جابر بن عبد الله سمع النبي صلى الله عليه وسلم يقول: إذا دخل الرجل بيته فذكر الله عند دخوله وعند طعامه قال الشيطان: لا مبيت لكم ولا عشاء، وإذا دخل فلم يذكر الله عند دخوله قال الشيطان: أدركتم المبيت، فإذا لم يذكر الله عند طعامه قال: أدركتم المبيت والعشاء

[رواه مسلم  (2018)  واحمد في  المسند 346:3]

Jabir ibn Abdullah may Allah be pleased with him, said that he heard the Prophet, peace and blessings of Allah be upon him, say: “If a man remembers Allah as he enters his house and when he takes food, the Satan says: no place to stay the night and no food. And if he doesn’t remember Allah as he enters his house the Satan says: I found a place to spend the night. And if he doesn’t remember Allah as he takes food the Shaitan says: I have found a place to stay the night and have dinner.” [Reported by Muslim and Ahmad]

And we find the tradition:

عن أمية بن مخشي الصحابي رضي الله عنه قال كان رسول الله صلى الله عليه وسلم جالسا ورجل يأكل فلم يسم الله حتى لم يبق من طعامه لقمة فلما رفعها إلى فيه قال بسم الله أوله وآخره فضحك النبي صلى الله عليه وسلم ثم قال ما زال الشيطان يأكل معه فلما ذكر اسم الله استقاء ما في بطنه  [رواه أبو داود والنسائي ]

The Messenger of Allah, peace and blessings of Allah be upon him, was sitting and a man was eating who had not mentioned the name of Allah and when nothing of his food remained except one bite he said as he raised it to his mouth ‘in the name of Allah in the beginning and the in the end’ the Prophet laughed, peace and blessings of Allah be upon him, and then said: “The Satan was eating with him but when he remembered the name of Allah, he vomited everything that was in his stomach.” [Reported by Abu Da`ood, an-Nasa`e, and others but with a weak chain of narrators]

These traditions, and many others not cited for reason of length, all prove that the Satan eats from the food which Allah’s name is left off from mentioning by forgetfulness, including not only the meat at the time of slaughtering, but any food taken at any time. This means that intentionally not mentioning Allah’s name is even a greater sustenance for the Satan and more beloved to him, than merely forgetting occasionally, since his main warfare against man is to make man forget Allah, as will be seen in more detail below.

 

PROOF 12: The main purpose of Satan is to lead man to kufr, fusooq and ‘isyaan, and one of his main weapons is to inspire man to lapse and forget the remembrance of Allah.   The beginning of all the sins is either shubha (doubt) or shahwa (strong worldly desire) and both ultimately lead to the forgetfulness of Allah and His Greatness, and reduce our capability or independence from our needs and desires.   Every act of forgetfulness of Allah or of some very important piece of knowledge, just like every act of shirk and kufr, can be attributed ultimately to the Satan who inspires it for his own malicious intent to gratify himself by the fact that man is worshipping him rather than Allah or disbelieving in Allah or at least is disobeying Allah and forgetting the right of Allah to be thanked, praised, feared and remembered.

As Allah says:        ﴿ وَمَا أَنسَانِيهُ إِلَّا الشَّيْطَانُ أَنْ أَذْكُرَهُ … ﴾

“…none but Satan made me forget to remember it.” [18:63]

And Allah says:

﴿ اسْتَحْوَذَ عَلَيْهِمُ الشَّيْطَانُ فَأَنسَاهُمْ ذِكْرَ اللَّهِ أُوْلَئِكَ حِزْبُ الشَّيْطَانِ أَلَا

إِنَّ حِزْبَ الشَّيْطَانِ هُمُ الْخَاسِرُونَ﴾

“Satan has overtaken them and has made them to forget the remembrance of Allah.  They are the party of Satan. Verily, the party of Satan will be the losers!” [58:20]

Allah the Exalted said:

﴿ إِنَّهُ لَيْسَ لَهُ سُلْطَانٌ عَلَى الَّذِينَ آمَنُواْ وَعَلَى رَبِّهِمْ يَتَوَكَّلُونَ ()

إِنَّمَا سُلْطَانُهُ عَلَى الَّذِينَ يَتَوَلَّوْنَهُ وَالَّذِينَ هُم بِهِ مُشْرِكُونَ ﴾

“Verily! He (Satan) has no power over those who believe and put their trust only in their Lord (Allah). His power is only over those who obey and follow him and those who join partners with Him (Allah).” [16:100-121].

And it is confirmed in a report:

ذكر عند النبي صلى الله عليه وسلم رجل، فقيل : ما زال نائما حتى أصبح، ما قام إلى الصلاة، فقال : “بال الشيطان في أذنه.” [البخاري  ] و في لفظ مسلم   “ذاك رجل بال الشيطان في أذنيه”

“A man was mentioned to the Prophet, peace be upon him, and it was said that he kept sleeping until he woke up after the sunrise. He did not get up for prayer (in the proper time). To which he said: “The Satan urinated in his ears.” [Reported by Bukhari and others] In the narration of Muslim he said: “That is a man who the Satan has urinated in his two ears.”

 

And a companion asked the Prophet about turning the view away from concentration (to the place of prostration) in prayer, to which he replied:

“هُوَ اخْتِلاسٌ يَخْتَلِسُهُ الشَّيْطَانُ مِنْ صَلاةِ الْعَبْدِ”

“That is the swiping of the Satan that he pilfers from a slave (of Allah)” [Reported by Bukhari and others]

The reason it is swiping is because when a Muslim stands for prayer he is standing before Allah the Most Almighty and Majestic, as it says in the long tradition about Yahya (John):

“…وإن الله أمركم بالصلاة فإذا صليتم فلا تلتفتوا فإن الله ينصب وجهه لوجه عبده في صلاته ما لم يلتفت….” [صحيح على شرط مسلم الوادعي الجامع الصحيح 5/311  ]

“Allah commands you to prayer and therefore when you pray do not look about for verily Allah is in front of the slave with His (majestic) Countenance, so do not turn away.”  [Reported by Ahmad, at-Tabarani and others, and verified by al-Albani and Wada’e]

And he said in another tradition about guarding from the satanic tricks:

“إن الشيطان يأتي أحدكم في صلاته فيلبس عليه حتى لا يدري كم صلى فإذا وجد ذلك أحدكم فليسجد سجدتين وهو   جالس قبل أن يسلم ثم يسلم.”

“Verily the Satan comes to one of you and confuses until he doesn’t know how many he has prayed (i.e. Raka’a, bowings] so if this occurs then make two prostrations of forgetfulness while he is sitting and then say salutations.”   [Reported by at-Tirmidthi and Ibn Majah, and verified by al-Albani]

And in another tradition the Messenger of Allah, peace and blessings of Allah be upon him, said:

“يعقد الشيطان على قافية رأس أحدكم إذا هو نام ثلاث عقد يضرب مكان كل عقدة : عليك ليل طويل فارقد فإن استيقظ فذكر الله انحلت عقدة فإن توضأ انحلت عقدة فإن صلى انحلت عقده كلها فأصبح نشيطا طيب النفس و إلا   أصبح خبيث النفس كسلان.”

“The Satan ties three knots when one of you sleeps at the back of your head at the medulla (i.e. which is the concentration of nerves) and says sleep a long night. If he wakes up one knot is untied. If he makes ablution another knot is untied. If he makes prayer all of them are untied and he becomes active and in a good state of his self, otherwise he becomes in a bad state of his self and lazy.” [Reported by Bukhari, Muslim and others]

And leaving Salah in Jamaa’ah (congregation) is a cause of Satanic control of people of a village, as the prophetic traditions inform us:

“ما من ثلاثة في قرية ولا بدو لا تقام فيهم الصلاة إلا قد استحوذ عليهم الشيطان فعليك بالجماعة فإنما يأكل الذئب   القاصية .”

“There is not a piece of land or desert wherein three people reside and do not establish congressional prayers but the Satan takes control of them: so congregate as a group and verily the wolf (attacks and) eats (the stray goat) who is alone and distant (from the flock).” [Reported by Abu Da`ood, an-Nasa`e and others and verified by al-Albani]

All these traditions and many more prove the point that the main concern of the Satan is to make man forget Allah and His rights to be worshiped without partners. Here in the issue of not mentioning the name of Allah intentionally when slaughtering, the Satan benefits by 1) being the recipient of obedience to himself by sinful disobedience to Allah, fisq, or possibly the greater disobedience by shirk and 2) being the recipient of the food itself, which is his only source of meat.   If the slaughter is done for idols in their name he has accomplished the greater kufr and shirk which is his highest desire.

The protection against the Satan is to say “bismillah” (in the name of Allah) since this is the major weapon as mentioned above, and we also find in the traditions that the Messenger of Allah, peace and blessings of Allah be upon him, said:

ستر ما بين الجن وعورات بني آدم إذا دخل الخلاء أن يقول بسم الله

“The screen between the jinn and the nakedness of the children of Adam when they go to the bathroom is to say  “bismillah” (in the name of Allah).” [Reported by Ahmad, Ibn Majah, at-Tabrani and others and confirmed][1]

All the movements of a Muslim accompanied with the saying “bismillah” are protected from the trickery of Satan as the tradition says:

“أغلق بابك وذكر اسم الله عز وجل فإن الشيطان لا بفتح بابا مغلقا وأطفئ مصباحك واذكر اسم الله وخمر إناءك ولو بعود تغرضة علبه واذكر اسم الله وأوك سقاءك

واذكر اسم الله عز وجل ”

“Shut/lock your door and mention the name of Allah Most Almighty and Majestic upon it for the Satan does not open a locked (or closed) door, and put out your lamps and mention the name of Allah, and cover your utensils even with a stick and mention the name of Allah, and close your containers and mention the name of Allah Most Almighty and Majestic upon it.” [Reported by Bukhari, Muslim, Ahmad, Abu Da`ood, and Timidthi]

These traditions above show the amazing and miraculous power of the name of Allah, and this is why it is said at the time of slaughtering.

All alcoholic beverages and all intoxicants are the drinks of the Satan since they have the added quality of causing the forgetfulness of Allah, as He the Exalted said:

﴿ يَا أَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ () إِنَّمَا يُرِيدُ الشَّيْطَانُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاء فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَن ذِكْرِ اللّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنتُم مُّنتَهُونَ ﴾

“O you who believe! Intoxicants, gambling, altars (of idolatry), and divining arrows (for seeking luck or decision) are an abomination of Satan’s handiwork. So avoid this (abomination) in order that you may be successful. The Satan wants only to instigate enmity and hatred between you with intoxicants and gambling, and to hinder you from the remembrance of Allah, and from the prayer. So will you not then finish (and abstain)?” [5:90-91]

All places of disgusting filth are the abode of the Satan, as in the supplication for entering the toilet or latrine or anyplace of urinating and defecating one seeks refuge in Allah from the filth and the filthy evil spirits, and the supplication upon exiting from this filthy place is to say “ghufraanak” for not being able to mention Allah’s name during the time he spends in that place.

In summary, all places of disgusting filth are the abode of the Satan, and making believers forget remembrance of Allah is his aim and purpose, and all that which doesn’t have the name of Allah pronounced upon it is his food.  The hadith proves conclusively that that which does not have the name of Allah mentioned upon it at the time of eating is the food of the Satan.  We know by the evidence of the Qur`an that that which does not have the name of Allah mentioned upon it at the time of slaughtering is fisq rebellion and disobedience to Allah, and moreover, that legalizing disobedience according to the instigation of the disbelievers is shirk, and there is no doubt that the Satan loves to draw man into fisq and shirk.

 

PROOF 12:  The Satan grows strong by the disobedience to Allah in word or deed, and he grows weak and runs away when the name of Allah is mentioned.  For this quality of him he is named “al-Khannas”; he who shrinks away when Allah’s name is mentioned.

Abu Tamimah al-Hujaimi narrated upon he who was riding behind the Prophet, may Allah’s peace and blessing be upon him:

وعن أبي تميمة الهجيمي عمن كان ردف النبي صلى الله عليه وسلم قال كنت ردفه على حمار فعثر الحمار فقلت تعس الشيطان فقال لي النبي صلى الله عليه وسلم لا تقل تعس الشيطان فإنك إذا قلت تعس الشيطان تعاظم في نفسه وقال صرعته بقوتي وإذا قلت بسم الله تصاغرت إليه نفسه حتى يكون أصغر من ذباب [رواه أحمد بإسناد جيد والبيهقي والحاكم إلا أنه قال ( صحيح ) وإذا قيل بسم الله خنس حتى يصير مثل الذباب ]

“I was riding behind the Prophet, may the peace and blessing of Allah be upon him, on a donkey when it tripped, so I said ‘may the curse be upon the Satan’ whereupon the Prophet, peace and blessing be upon him, said to me: “Do not say ‘curse be upon the Satan’ because if you say this he aggrandizes himself and says ‘I have made him stumble by my power,’ but if you say ‘in the name of Allah’ he grows small in himself until he becomes smaller than a fly.” [Reported by Ahmad, al-Baihaqi and al-Hakim, and al-Albani verified it in Sahih at-Targheeb 3/118 no. 3129] and in another version “…but if you say ‘in the name of Allah, he shrinks away until he is smaller than a fly.”

This quality of the Satan to shrink away is repeated in the Qur`an and Sunnah and we need not remunerate more of the many verses and traditions about this since the important fact here is that this has a real effect on the slaughterer who slaughters the animal, and the meat that we eat from the animal.

We now come to the most direct and conclusive Proofs for the argument at hand. The Proofs above were supporting evidence, but below are the explicit scriptures that are of the highest strength in any legal issue.

PROOF 1:  Allah dictates the direct order to eat from that which has the name of Allah has been pronounced at the time of slaughtering, and indicates that that is an act of belief.  Allah says:                         ﴿ فَكُلُواْ مِمَّا ذُكِرَ اسْمُ اللّهِ عَلَيْهِ إِن كُنتُمْ بِآيَاتِهِ مُؤْمِنِينَ ﴾

“Then eat of that over which the name of Allah has been mentioned, if you believe in His signs.” [6:118]

This is the positive affirmation of mentioning the name of Allah at the time of slaughtering and the time of eating since these are the two times when mentioning Allah’s name upon it is legislated. 

PROOF 2: Allah encourages the Muslims to eat of that which the name of Allah has been pronounced, and urges them to refrain from the unlawful even if the ignorant ones mislead people therein, when He says:

﴿ وَمَا لَكُمْ أَلاَّ تَأْكُلُواْ مِمَّا ذُكِرَ اسْمُ اللّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلاَّ مَا اضْطُرِرْتُمْ إِلَيْهِ وَإِنَّ كَثِيرًا لَّيُضِلُّونَ بِأَهْوَائِهِم بِغَيْرِ عِلْمٍ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ ﴾

“Why should you not eat of that over which Allah’s name has been mentioned, when He has already given you explicit knowledge of those things which He has forbidden for you, except in a case of extreme helplessness? As regards the majority of the people, they follow their caprices, say misleading things without any knowledge. Your Lord knows transgressors best” [6:119]

This form of Arabic expression by Allah the majestic is known as t’areed and is the most comely and appealing manner to encourage an act, especially when conjoined with the reason.

PROOF 3:  Allah dictates the direct order not to eat that which has not had the name of Allah mentioned on it at the time of slaughtering, and categorizes not mentioning His name as fisq (rebellious sin).   Allah says:

﴿وَلاَ تَأْكُلُواْ مِمَّا لَمْ يُذْكَرِ اسْمُ اللّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌ وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيَآئِهِمْ لِيُجَادِلُوكُمْ وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُونَ﴾

“And do not eat of that over which the name of Allah has not been mentioned, for truly that is impiety and sin, and the Shayaateen (devils) do inspire their friends and allies to argue with you, and if you were to obey them, you would certainly become mushrikeen (idol worshippers, polytheists, those who associate partners with Allah in worship).” [6:121]

This direct negation here correlates to the positive affirmation and the encouragement above, and taken with what proceeds, we now have every possible manner of command and of prohibition about the issue of pronouncing the name of Allah when slaughtering.                                                       This is one of the most important verses in our entire discussion and therefore we must take time to explain the narrations specifying the circumstance of its revelation in Makkah, and to explain its significance in the issue of becoming kafir (apostate) by changing Allah’s laws and legislating laws other than what Allah has revealed, as expounded about in the greater issue below.

There are different narrations in this regard, some mentioning the Jews, others the Magians, and others the idolaters of Makkah, and although many specific narrations could be cited here in length, the jist of all of them, about which there is no difference of opinion among the Ulamaa`, is that a group of disbelievers mocked the believers and reviled them in the issue of not eating the carrion (dead meat) and requiring the mentioning of Allah’s name when slaughtering, and they made fun of them saying: what Allah slaughters (i.e. the carrion) you don’t eat there from, and you only eat from that which you slaughter yourselves in His name?  The verse was revealed in refutation to their mockery and conspiracy.  The inspiration could be from the shayaateen of the jinn to those of men, or the shayaateen of men to other shayaateen of other men, like the Magians to the pagans, or the Jews to the pagans, but the outcome is the same: rebellious ones inspired other rebellious ones to disobey Allah and obey the mushrikeen in this affair of legalizing the dead meat with the weak argument that Allah has killed the animal so what need is there to make a condition to mention Allah’s name?  The text states clearly that if a Muslim were to obey them in this he would become of the mushrikeen. [Refer to Tabari, Baghawi, Qurtubi, Ibn Katheer, Suyooti, ash-Shangheeti, and other mufassireen] This issue of shirk will be dealt with in more detail below in the greater issue.

These narrations prove conclusively that the meaning is specifically the pronouncing of Allah’s name at the time of slaughter and not at the time of eating, as some have tried to rationalize. They also prove without doubt that legislating the lawful and unlawful in opposition to what Allah has revealed as lawful and unlawful was an issue made clear in Makkah precisely pertaining to the issue of carrion (dead meat) and the issue of mentioning Allah’s name at the time of slaughter. To follow the disbelievers in this act of making lawful what Allah has prohibited is an act of shirk, and those who do so are mushrikeen.  Issues conclusively determined in Makkah are issues of basic faith and fundamentals of religion, and they are reconfirmed in the revelations revealed in Medinah. Yet the question remains about this verse, does it pertain to all meats that do not have Allah’s name mentioned upon it, or to carrion only and not the other meats that do not have the name of Allah mentioned? The first and second groups would claim the first, whereas the third group would claim the last.

PROOF 4:  Qurtabi makes an interesting distinction that someone who does not mention the name of Allah upon slaughtering must be one of three types; 1) he either says that his heart contains the remembrance of Allah and monotheism and that this is sufficient for him since he actually did remember Allah and thus there is no need to mention Allah’s name openly; or 2) he says that this is not the time of open pronouncement since it is not an act of worship (but a mundane act) and that is also sufficient for him (i.e. it is allowed to eat the slaughter of these two types even though they are mistaken in their conceptions); or 3) he says I will not pronounce Allah’s name, and what value is there in mentioning His name?  This one is mutahaawin (negligent) and faasiq (sinful, rebellious evildoer), and thus his slaughtering is not acceptable and not to be eaten.  He then notes that he who thinks that slaughtering is not worship does not understand the many verses and traditions that specify to mention Allah’s name at the time of slaughtering, which demonstrates conclusively that it is worship.  He who doesn’t think that openly mentioning the name is necessary is similarly mistaken, since all Muslims commonly know it. [Tafseer Qurtubi, surah al- An’aam].  Ibn al-Arabi says something very similar to Qurtubi but adds that this last one is mutahaawin (negligent), kaafir (disbeliever) and  faasiq (sinful, rebellious evildoer) [Ibn al-Arabi/ Ahkam al-Qur`an 2/284]

We will return to these understandings when dealing with the issues of legalizing the illegal and the meat of Ahlal-Kitab.

PROOF 5:  In the following hadith we find:

وعن رافع بن خديج قال ‏:‏‏ قلت ‏:‏ يا رسول الله إنا نلقى العدو غدا وليس معنا مدى ‏ فقال النبي صلى الله عليه وسلم ‏:‏ ما أنهر الدم وذكر اسم الله عليه فكلوا ما لم يكن سنا أو ظفرا وسأحدثكم عن ذلك ‏:‏ أما السن فعظم‏ وأما الظفر فمدى الحبشة. رواه الجماعة ‏)‏ ‏

Rafi’ bin Khadeej, may Allah be pleased with him, said “O Messenger of Allah we will meet the enemy tomorrow and we do not have knives with us (to slaughter the animals)? The Messenger of Allah, peace be on him, said: If the blood is spilled and drained (from the animal) and the name of Allah is mentioned over it, then you may eat of it, as long as it (slaughtering instrument) is not the tooth and the claw, and I will inform you about them: as for the tooth, it is a type of bone, and as for the claw, it is the knife of the people of Ethiopia” [Reported by al-Bukhari, Muslim, at-Tirmidthi, Abu Da`ood, Nasa`i, Ibn Majah, and others]

The fuqahaa (Islamic legal scholar-jurists) mention about this pivotal explanatory hadith and others similar to it:

فيه دليل على اشتراط التسمية لأنه علق الإذن بمجموع الأمرين وهما الإنهار والتسمية ‏ والمعلق على شيئين لا يكتفى فيه إلا باجتماعهما وينتفي بانتفاء أحدهما

“We find in this hadith the conditionality of mentioning the name of Allah (at the time of slaughtering) because he attached the legality upon two things: spilling and draining the blood (al-inhaar) and mentioning the name of Allah (at-tasmiyah). That which is conditionally attached upon two things will not be complete unless they are both present and will not exist when one of them is absent.” [See as an example for this statement, ash-Shawkani in Nail al-Awtaar]

This is a general rule of shari’ah of which there are many examples.  For instance, fulfilling the necessities of Tauheed is attached upon 1) believing and sincerely worshiping Allah and 2) rejecting taaghoot (idols and those who are willingly worshipped other than Allah), all forms of shirk (polytheism, idol worship, association of partners with Allah)) and kufr (disbelief).  If one worships Allah but worships others along with Him, his tauheed is rejected and nullified, and if he does not worship Allah his tauheed is rejected and nullified.

In our issue here, there are many other hadith which have “attached the legality upon two things 1) spilling and draining the blood (al-inhaar) (or called tadthkiyyah or dthikat (purification) by dthibh, or by nahr, as explained above), and 2) mentioning the name of Allah (at-tasmiyah).”

Some examples from the traditions will prove this without any lingering doubt.

PROOF 1:  ‘Edi bin Hatim narrated that he said to the Prophet, peace and blessings of Allah be upon him:

عن ‏عدي بن حاتم قال قلت يا رسول الله ‏أرأيت إن أحدنا أصاب صيدا وليس معه سكين أ يذبح ‏ ‏بالمروة ‏ ‏وشقة  ‏العصا فقال أمرر‏ ‏الدم بما شئت واذكر اسم الله عز وجل  [( صحيح ) الارواء 166 / 8 ، غاية المرام 34 ، صحيح أبي داود 2515 ]

“O Messenger of Allah, we go hunting and sometimes we do not have a knife with us. We may find a sharp rock or a piece of wood or a reed.” The Prophet (peace be on him) said: “Make it bleed with whatever you wish, and mention the name of Allah over it.” [Reported by Ahmad, Abu Da`ood, Nasa`i, Ibn Majah, al-Hakim, and Ibn Habban, and verified by al-Albani, for instance Sahih Abu Da`ood 2/544 no.2450]

PROOF 2: On Eid al-Adh-ha, we find that Sufyan al-Bijli narrated that the Messenger of Allah, peace and blessings of Allah be upon him said:

وَحَدِيث جُنْدُب بْن سُفْيَان الْبَجَلِيّ قَالَ : قَالَ رَسُول اللَّه صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ مَنْ ذَبَحَ قَبْل أَنْ يُصَلِّي فَلْيَذْبَحْ مَكَانهَا أُخْرَى وَمَنْ لَمْ يَكُنْ ذَبَحَ حَتَّى صَلَّيْنَا فَلْيَذْبَحْ بِاسْمِ اللَّه . ‏ متفق عليه

“Whoever slaughtered before the prayer then he should slaughter in its place another, and whoever hasn’t yet slaughtered then let him slaughter in the name of Allah.” [Reported by Bukhari and Muslim]

PROOF 3:  Bukhari and Muslim report of the narration of Abu Th’alabah Al Khushaui, may Allah be pleased with him:

روى البخاري بسنده رقم (5177)  عن أبو ثعلبة الخُشَني قال: أتيت النبي صلى الله عليه وسلم فقلت: يا رسول الله، إنا بأرض أهل الكتاب، فنأكل في آنيتهم، وبأرض صيد، أصيد بقوسي، وأصيد بكلبي المعلَّم وبكلبي الذي ليس بمعلَّم؟ فقال النبي صلى الله عليه وسلم: (أمَّا ما ذكرت أنك بأرض أهل كتاب: فلا تأكلوا في آنيتهم إلا أن لا تجدوا بُدًّا، فإن لم تجدوا بُدًّا فاغسلوها وكلوا. وأما ما ذكرت أنك بأرض صيد: فما صدت بقوسك فاذكر اسم الله وكل، وما صدت بكلبك المعلَّم فاذكر اسم الله وكل، وما صدت بكلبك الذي ليس

بمعلَّم فأدركت ذكاته فكله).

“I came to the Prophet and said, O Messenger of Allah, we are living in the land of the people of the Scripture, and we take our meals in their utensils, and there is game in that land which I hunt with my bow and with my trained hound and with my untrained hound. The Prophet, peace and blessing of Allah be upon him, said: As for your saying that you are in the land of the people of the scripture, you should not eat in their utensils unless you find no other alternative in which case you must wash the utensils and then eat in them, and as for your saying that you are in that land of game animals and you hunt, whatever you hunt with your bow and have mentioned the name of Allah (over it) then eat, and what you have hunted with your trained hunting dog and have mentioned the name of Allah (over it) then eat,  and whatever you hunt with your untrained dog and you have reached in time to slaughter it (adrakta dthakatuhu), then eat.”[Reported by Bukhari]

PROOF 4: Another crucial text is the narration of Eidi ibn Hatim, may Allah be pleased with him:

‏ عن عدي بن حاتم قال : قلت : يا رسول الله إني أرسل كلبي وأسمي , قال : إن أرسلت كلبك وسميت فأخذ فقتل فكل , وإن أكل منه فلا تأكل , فإنما أمسك على نفسه , قلت : إني أرسل كلبي أجد معه كلبا آخر لا أدري أيهما أخذه ؟ قال : فلا تأكل فإنما سميت على كلبك ولم تسم على غيره وفي رواية: ” وإذا أرسلت كلبك المعلم فوجدت معه كلباً آخر فلا تأكل ، فإنك إنما سميت على كلبك ولم تسم على غيره  وفي رواية: “إذا أرسلت كلبك المعلم فاذكر اسم الله ، فإن وجدت مع كلبك كلباً غيره وقد قتل فلا تأكل ،

فإنك لا تدري أيهما قتله.“ متفق عليه

Eidi Ibn Hatim, may Allah be pleased with him, said to the Prophet (peace be on him), O Messenger of Allah I send my dog and mention the name of Allah. The Prophet said: “If you send your dog and mention the name of Allah, then he goes and kills, then eat that which he catches for you, but if he eats from it do not eat from it since he only killed it for himself.”  Eidi Ibn Hatim said: Suppose I send my dog but I find another dog at the game, and I do not know which dog caught it?” The Prophet, peace be on him, replied, “Do not eat it, for while you mentioned the name of Allah over your dog, you did not mention it over the other dog.” [Reported by Bukhari and Muslim]

This last hadith, along with the hadith previous to it, makes it positively certain that mentioning the name of Allah is rukn (pillar) and wajib (obligatory) for slaughtering and a shart (necessary condition) for meat being halal since the Messenger here ordered him to leave the animal if he found a dog, other than his own upon which he pronounced Allah’s name, with the hunted animal.  This hadith, and others similar to it have made some fuqahaa` make a distinction between the hunting and normal slaughtering, demanding the condition of tasmiyyah at the time of hunting only, but on what textual basis do they distinguish between the two, considering the fact that all the evidence above cited to prove that it is necessary?

Side issue:  If a domestic animal becomes wild then it is treated like a hunted animal, and the following hadith explains this situation.  On the authority of Rafi’ ibn Khadeej: We were on a journey with the Prophet (peace be on him) when one of the camels bolted away. As the people did not have a horse, a man shot an arrow that struck the camel and wounded it. The Prophet (peace be on him) said: “Some of these animals are like wild beasts. If any of them behaves like this, treat it in this fashion.” [Reported by al-Bukhari and Muslim]

PROOF 5:  The Prophet, peace and blessings of Allah be upon him, said:

قَالَ رَسُول اللَّه صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ:{ إن الله كتب الإحسان على كل شيء . فإذا قتلتم فأحسنوا القتلة ، وإذا ذبحتم فأحسنوا الذبحة ، وليحد أحدكم شفرته وليرح ذبيحته } .

[أخرجه مسلم] .

“God has prescribed the pursuit of perfection in every action. When you kill or slaughter (an animal for food), do it well. Sharpen your tools and let the animal die in peace”. [Reported by Muslim]

This hadith describes that the slaughter should be performed in the best possible manner, and since it is agreed that slaughtering pertains to both tasmiyah and dhibh, it follows that the ihsan (best manner) pertains to both.   Of course consciously leaving the direct order of Allah to pronounce His name, and disobeying His direct prohibition by eating from what has not had His name mentioned upon, is not the best but the worst way in regard to tasmiyah. The method of dhibh is specifically focused upon in this hadith because everyone knows that it is a very simple thing to merely say “bismillah; Allahu Akbar”, whereas sharpening the knife and going through all the arduous tadthkiyah procedures is where human shortcomings naturally occur, and therefore where ihsan (the best manner) should be emphasized.

PROOF 6: It is mentioned in Bukhari that Abdullah ibn Abbas, may Allah be pleased with them, was of this first opinion as mentioned above.  It is reported that he said:

قال البخاري في صحيحه وقال ابن عباس ” من نسي التسمية فلا بأس” .

“Whoever forgets to say ‘in the name of Allah’ then there is no harm in that.”

This saying in Bukhari is left without the mention of the chain of narrators, as Imam al-Bukhari often does with interpretative statements, and Sa’eed ibn Mansoor and ad-Darqutni have reported it with an authentic chain, and Abdur-Razzaq reported it in his Musannif (no. 8538):

عن معمر عن أيوب عن عكرمة عن ابن عباس قال ” … إذا نسي أحدكم أن يُسمي على الذبيحة فليُسم وليأكل.”

“If one of you forgets to mention (the name of Allah) on his slaughtered animal, then mention (His name) and eat.”

Bukhari quotes the comment of Ibn ‘Abbas that the one who forgets is not called a faasiq.  Although it is said that there are no known positions of the Sahabah (companions) to have differed with this opinion of Ibn Abbas [for instance, Shawkani: Sail Jarrar] which is in favor of the first position, others have reported conflicting reports, including those attributed to Ibn Abbas from among other Sahabah (companions) who took the third position.   Still others report that some Sahabah took the second position as mentioned above.  These discrepancies and questions about the apparent validity and reliability of the narrations about the positions of the Sahabah (companions) and those after them, demand from us to return to the texts of the Qur`an and Sunnah for evidence, as that only they contain the proofs that are incumbent on all worshippers of Allah to follow.  It is well known by all who are conversant with the books on these subjects of fiqh (literally, understanding) of Islamic laws that any companion, follower or Imam could make a mistake himself and/or there could be mistakes and discrepancies about reporting his legal position on any given subject. Thus, in the final analysis, we must always refer all things back to Allah, the Almighty and Majestic, and His Messenger -peace be upon him- meaning, the reference to the Qur`an and the Sunnah.

PROOF 7: An-Nu’man bin Bashir reported that the Messenger of Allah, peace and blessings be upon him, said:

عن أبي عبد الله النعمان بن بشير رضي الله عنهما قال: سمعت رسول الله (صلى الله عليه وسلم) يقول: “إن الحلال بيّن، وإن الحرام بيّن، وبينهما أمور مشتبهات لا يعلمهنّ كثير من الناس، فمن اتقى الشبهات، فقد استبرأ لدينه وعرضه، ومن وقع في الشبهات وقع في الحرام، كالراعي يرعى حول الحمى يوشك أن يرتع فيه، ألا وإن لكل ملك حمى، ألا وإن حمى الله محارمه، ألا وإن في الجسد مضغة إذا صلحت صلح الجسد كله، وإذا فسدت فسد الجسد كله ألا وهي القلب”. (رواه البخاري ومسلم)

“What is lawful is clear and what is unlawful is clear, but between them are certain unclear and doubtful things which many people do not recognize. He who guards against doubtful things, keeps his religion and honor blameless. But he who falls into doubtful things, falls into what is unlawful, just as a shepherd who pastures his animals round a sacred preserve will soon lead them to pasture in it. Verily the sacred preserve of Allah are those things He declared prohibited. Verily, in the body is an organ which if corrupted, the entire body is corrupted, and if it is corrected the entire body is corrected. Verily it is the heart.” [Reported by Bukhari and Muslim]

This tradition gives a general principle that it is always safer and better to stay clear of all doubtful matters and remain within the bounds of what one is positively sure to be lawful.  On this basis the Ulama (scholars and jurists of Islam) have mentioned that if the jurists differ in any issue whether something is lawful of not, it is better to be on the safe side by abstaining and avoiding and not even getting close to the prohibition, especially when one is not in any dire necessity to that thing.  Since Allah has made so many things 100% pure and lawful for our own benefit, is there any real need for these doubtful and potentially polluted things?  No one wants to restrict that which Allah has made lawful, but then again, no one wants to be punished in this life or the hereafter for being careless and falling into sins which could have easily been avoided, or avoided with a minimal amount of hardship since Allah has made many wholesome substitutes.

This tradition also gives us a way out of any wavering and indecisiveness that may linger in this issue of meat without the name of Allah mentioned upon it and tips the scales conclusively towards it being haram.   In any issue if there are two or more conflicting opinions the order for us in the Islamic Law by the Messenger’s words is to avoid the doubtful and make ourselves safe by that which there is no doubt about. There is no doubt or controversy that the meat which is slaughtered upon law with tasmiyah is pure and lawful, whereas without tasmiyah there will always remain doubt: is it haram? And, is following istihlaal (making it halal) here related to the concept of shirk as mentioned in surat-al-An’aam?

We all admit that after the Prophet, peace and blessings of Allah be upon him, no one is infallible; thus, from the sahabah to the taba’een to the esteemed and eminent imams, any one of them individually or as a group can make mistakes, especially when it is known and recorded that other sahabah, tabe’een and imams differed with them on the issue.   If there is a controversy among the companions about any issue or conflicting reports about any one particular companion’s point of judgment, then the whole matter must be returned to the Qur`an and Sunnah for final analysis and judgment.  According to the scholars, this tradition is one of the four crucial traditions upon which the entire edifice of the Law revolves, because it gives a criterion for judgment in the issues controversial precisely like the one we are addressing here.

Ibn Rajab comments on this tradition explaining in his discourse the difference between the lawful and unlawful:

قال ابن رجب: …ما أصلهالاباحة كطهارة الماء و الثوب و الارض إذا لم يتيقن زوال أصله فيجوز استعماله وما أصله الحظر كالأبضاع ولحوم الحيوان فلا تحل إلا بيقين حله من التذكية والعقد ، فإن تردَّد في شيء من ذلك لسبب آخر رجع إلى الأصل فبنى عليه  فما أصله الحرمة بنى على التحريم … ولهذا نهى النبي صلىالله عليه وسلم عن أكل الصيد الذي يجد فيه الصائد أثر سهم أو كلب غير كلبه…

“Whatever is allowed by the very nature of its original state like the natural purity of water, clothes and the earth, is allowed to be used (according to the assumption of their original state) as long as we do not have certainty that they have left that state (i.e. became impure by some defilement).   Whatever is forbidden by the very nature of its original state, like women (without marriage) and meats of animals, we are not allowed (to approach) except and until we become certain of their lawfulness by way of the ‘aqd (marriage contract) and the tadthkiyah (proper slaughter with drainage of blood). Whatever is uncertain and wavering in between, for whatever reason, we must return it to its original natural state and build certainty upon that state; therefore, that which is originally unlawful we return it to the state of it being forbidden.  Upon this principle the Prophet, peace and blessing be upon him, forbade eating the hunted animal when the hunter finds the effects of another arrow or hunting dog (i.e. beside his own upon which he has mentioned the name of Allah)…”[Ibn Rajab; Jamee’ Uloom wa Hikam p.75-76, with correction of text from the quote of Shaikh Uthaimeen].  Here Ibn Rajab is referring to the hadith of ‘Edi Ibn Hatim as related previously wherein the Prophet explicitly forbade eating the animal that he was uncertain about whether it was killed by the arrow or dog upon which he had mentioned the name of Allah.

And the hadith above is supported by another hadith, narrated by Hasan ibn Ali Abi Talib, may allah be pleased with them, that the Messenger of Allah, peace and blessings be upon him, said:

عن أبي محمد الحسن بن علي بن أبي طالب سبط رسول الله صلى الله عليه وسلم وريحانته رضي الله عنهما قال: حفظت من رسول الله صلى الله عليه وسلم : “دع ما يريبك إلى ما لا يريبك”.

[رواه الترمذي والنسائي، وقال الترمذي: حديث حسن صحيح]

“Leave that which you doubt for that which you do not doubt.” [Reported by Timidthi, an-Nasa`e and verified by al-Albani]

PROOF 8: Abu Hurairah reported Messenger of Allah, peace and blessings be upon him, as saying:

عن أبي هريرة (رضي الله عنه) قال: قال رسول الله (صلى الله عليه وسلم) : “إن الله تعـالى طيب لا يقبل إلا طيباً، وإن الله أمر المؤمنين بما أمر به المرسلين فقال تعالى: (يا أيها الرسل كلوا من الطيبات واعملوا صالحاً)، وقال تعالى: (يا أيها الذين آمنوا كلوا من طيبات ما رزقناكم) ثم ذكر الرجل يطيل السفر أشعث أغبر يمد يديه إلى السماء: يا ربِّ يا ربِّ، ومطعمه حرام، ومشربه حرام، وملبسه حرام، وغذي بالحرام، فأنى يستجاب له؟”. (رواه مسلم)

“Allah is good and pure (tayyib) and accepts only what is good and pure, and He has given the same command to the believers as He has given to the messengers, saying, “O messengers, eat of what is good and pure (tayyibaat) and act righteously” (23:51) and also, “You who believe, eat of the good and pure things (tayyibaat) which We have provided for you” (2:172).  Then he mentioned a man who makes a long journey in a disheveled and dusty state, who stretches out his hands to the sky saying, My Lord, my Lord, when his food, drink and clothing are of an unlawful nature, and he is nourished by what is unlawful.  How can such a person be given an answer? [Reported by Muslim]

How close this is to what we read in the Proverbs attributed to Da`ood (David), peace be upon him: “He that turneth away his ear from hearing the law, even his prayer shall be abomination.” (KJV: Proverbs. 28:9)

The verse indicated in the hadith above is the saying of Allah:

﴿ يَا أَيُّهَا الَّذِينَ آمَنُواْ كُلُواْ مِن طَيِّبَاتِ مَا رَزَقْنَاكُمْ وَاشْكُرُواْ لِلّهِ إِن كُنتُمْ إِيَّاهُ تَعْبُدُون َ﴾

O you who believe, eat of the lawful things that We have provided you with, and be grateful to Allah, if it is indeed He Whom you worship” [2:172]

And a few verses before this Allah the Sublime said:

﴿ يَا أَيُّهَا النَّاسُ كُلُواْ مِمَّا فِي الأَرْضِ حَلاَلاً طَيِّباً وَلاَ تَتَّبِعُواْ خُطُوَاتِ الشَّيْطَانِ إِنَّهُ لَكُمْ عَدُوٌّ مُّبِينٌ  ﴾

O Mankind, eat the lawful (halalan) and good things (tayyiban) from what is in the earth, and follow not the footsteps of the devil. Surely he is an open enemy to you.” (2: 168)

The Prophet (peace and blessings be upon him) is reported to have said:

ليأتين على الناس زمان لا يبالي المرء بما أخذ المال ؟ أمن حلال أم من حرام ؟

“There will come a time upon my Ummah when people will not be concerned over what they take. It will not matter for them whether it is Haram or Halal (illegal or legal).” [Reported by Bukhari, and an-Nasa`e]

The Prophet (peace and blessings be upon him) is also reported to have said:

لا يدخل الجنة جسد غذي بحرام

“Flesh which has grown out of what is unlawful will not enter paradise” [Reported by Abu Ya’la and Bazzar and others and verified by al-Albani in Sahih at-Targheeb 2/150 no.1730]     And in another narration:

كل جسد نبت من سحت فالنار أولى به

“ Every flesh that has been nourished by what is unlawful, then Hell is more befitting for it.” [Reported by at-Tabarani and verified by al-Albani in Sahih al-Jami 1/865]

 

And in another narration the Messenger of Allah, peace and blessings of Allah be upon him, said to his companion Ka’ab:

يا كعب بن عجرة إنه لا يدخل الجنة لحم ودم نبتا على سحت النار أولى به

“O Ka’ab ibn Ajrah, the blood and flesh that has been nourished by the unlawful will not enter the paradise, and it is more right that it enters the hellfire.”  [Reported by Ibn Habban and verified by al-Albani in Sahih at-Targheeb 1/211]

These and other similar verses of the Qur`an and Hadith inspire the fear of Allah in all matters pertaining to the halal and the haram. Indeed it is only the tricks and enticements of Satan that make man fall into temptation and sin, and eventually into the ultimate trap of kufr and shirk.

PROOF 9: We find in the tradition:

عن أبي ثعلبة الخشني جرثوم بن ناشر رضي الله عنه عن رسول الله صلى الله عليه وسلم قال: ” إن الله تعالى فرض فرائض فلاتضيعوها، وحد حدوداً فلا تعتدوها، وحرّم أشياء فلا تنتهكوها، وسكت عن أشياء رحمةً لكم غير نسيان فلا تبحثوا عنها”.

[حديث حسن رواه الدارقطني وغيره ]

“Verily Allah has made duty-bound that which is obligatory so do not be negligent about it, and He made boundaries so do not go past them, and He prohibited things so do not violate them, and He was quiet about things as a mercy to you without forgetfulness so do not seek after about them.”   [Reported by ad-Darqutni and others, and said to be weak by some (including me) but considered good because of the supporting evidence]

This tradition and others along this meaning, gives us the clear idea that whatever is made clearly haram, we must maintain that it is haram and stay clear of the unlawful.

PROOF 10: The sayings of the Ulama`a are not proofs in and of themselves, but their explanation help us to observe and understand the texts of the Qur`an and Sunnah: thus they are guides to the proofs. Many scholars down through Islamic history up to contemporary times have mentioned that the naming of Allah is a condition for making slaughtered meat lawful. For instance, Sheikh Salih al-Fauzan, who has studied and written extensively on these issues, says in the conditions for lawful meat:

الشرط الرابع‏:‏ أن يذكر اسم الله تعالى على الذبيحة‏.‏ قال الله تعالى‏:‏ ‏﴿ فَكُلُواْ مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ إِن كُنتُمْ بِآيَاتِهِ مُؤْمِنِينَ، وَمَا لَكُمْ أَلاَّ تَأْكُلُواْ مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلاَّ مَا اضْطُرِرْتُمْ إِلَيْهِ وَإِنَّ كَثِيرًا لَّيُضِلُّونَ بِأَهْوَائِهِم بِغَيْرِ عِلْمٍ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ، {} وَذَرُواْ ظَاهِرَ الإِثْمِ وَبَاطِنَهُ إِنَّ الَّذِينَ يَكْسِبُونَ الإِثْمَ سَيُجْزَوْنَ بِمَا كَانُواْ يَقْتَرِفُونَ، وَلاَ تَأْكُلُواْ مِمَّا لَمْ يُذْكَرِ اسْمُ اللَّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌ وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيَآئِهِمْ لِيُجَادِلُوكُمْ وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُونَ‏ ﴾   ‏[‏الأنعام‏:‏ 119-121‏]‏‏.‏ ففي هذه الآيات الكريمة أمر الله سبحانه المؤمنين أن يأكلوا من الذبائح ما ذكر عليه اسمه، ونهى عن الأكل من الذبائح التي لم يذكر عليها اسمه وسماه فسقًا‏.‏ وكذلك السنَّة المطهرة جاءت بالأمر بالأكل مما ذكر اسم الله عليه حيث يقول النبي صلى الله عليه وسلم‏:‏ ‏(‏ما أنهر الدم وذكر اسم الله عليه فكلوا‏)‏، ففيه دليل على اشتراط التسمية لحل الذبيحة لأنه صلى الله عليه وسلم علّق الإذن بالأكل منها على مجموع الأمرين وهما إنهار الدم والتسمية والمعلّق على شيئين لا يكتفى فيه بوجود أحدهما‏.‏

“The Fourth condition: to mention the name of Allah on the slaughtered animal. Allah said: “Why should you not eat of that over which Allah’s name has been mentioned, when He has already given you explicit knowledge of those things which He has forbidden for you, except in a case of extreme helplessness? As regards the majority of the people, they following their caprices, say misleading things without any knowledge. Your Lord best knows transgressors. Leave sins, open and secret. Verily, those who commit sin will get due recompense for that which they used to commit. And do not eat of that over which the name of Allah has not been mentioned, for truly that is impiety and sin, and the Shayaateen (devils) do inspire their friends and allies to argue with you, and if you were to obey them, you would certainly become mushrikeen (idol worshippers, polytheists, those who associate partners with Allah in worship).” [6:119-121] In this verse Allah orders the believers to eat from the slaughtered meat that has had the name of Allah mentioned on it, then He forbids them to eat from the slaughtered meat that has not had the name of Allah mentioned on it, and calls it fisq. Similarly we find in the Sunnah the Prophet’s order, peace be upon him, for the believers to eat from the slaughtered meat that has had the name of Allah mentioned on it, when he said: “…what has had the blood drained from it and has had the name of Allah mentioned on it then eat from it.”  Herein is the proof that the mentioning of the name of Allah is a condition for making the slaughtered meat lawful, since he made allowance conditional upon two things: draining the blood, and mentioning the name of Allah. Anything that is conditional upon two pre-conditions (for existence), then the existence of (only) one of them is insufficient (to fulfill the necessity for its existence).” [End of quote]

 

We have tried above to supply the reader with the diverse array of proofs for this position from the revealed scriptural texts and some explanations from the scholars of jurisprudence.


[1] It is not allowed to mention Allah’s name in the bathroom.  Thus as reported by Bukhari and others one should say before entering the toilet:

( بِسْمِ الله ) اللّهُـمَّ إِنِّـي أَعـوذُ بِـكَ مِـنَ الْخُـبْثِ وَالْخَبائِث

( In the name of Allah). O Allah, I take refuge with you from all evil and evil-doers.’ And after leaving the toilet: غُفْـرانَك ‘I ask You (Allah) for forgiveness.’

 

 

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