Islam - Fiqh of Food - Halal & Haram

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- Courtesy of Al-Maghrib Class "Precious Provision"
- Brief discussion of Fiqh of Food in light of Quran, Sunnah & the four Imams' Interpretation.

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  • 1. 1 THE BEGINNING .....................................................................................................................................................3 1.1 IBN KATHIR - STORY OF THE PROPHETS ........................................................................................................................... 3 1.2 OBEDIENCE ............................................................................................................................................................... 3 1.3 BLESSINGS OF JANNAH ................................................................................................................................................ 3 1.4 REMINDER FROM ALLAH .............................................................................................................................................. 4 1.5 ADVISE FROM PROPHET (SAW) ..................................................................................................................................... 42 IMPORTANT FACT TO CONSIDER ............................................................................................................................5 2.1 AMONG THE LAST REVEALED VERSE............................................................................................................................... 7 2.2 ETIQUETTE OR ADAB OF EATING.................................................................................................................................... 8 2.2.1 Take Allah’s name ........................................................................................................................................ 8 2.2.2 Eat with Your Right Hand............................................................................................................................. 8 2.2.3 Eat with 3 fingers ......................................................................................................................................... 9 2.2.4 Eat from that which is Close to You ............................................................................................................. 9 2.2.5 Eat from the Corner not the Center ............................................................................................................. 9 2.2.6 Eat from Common Plate............................................................................................................................. 10 2.2.7 Wiping the Plate & Fingers clean ............................................................................................................... 10 2.2.8 Washing Hands Before & After .................................................................................................................. 10 2.2.9 Be generous with Food .............................................................................................................................. 10 2.2.10 Do not Criticize Food even if You do not like it ...................................................................................... 11 2.2.11 Praising Allah Afterwards ..................................................................................................................... 11 2.2.12 Make Du’a for the Host ......................................................................................................................... 11 2.2.13 Control your Belching ............................................................................................................................ 11 2.2.14 Do not do Ittika ..................................................................................................................................... 11 2.2.15 Drink with 3 sips .................................................................................................................................... 12 2.2.16 Do not breathe into the cup that is common for all .............................................................................. 12 2.2.17 Drinking while standing ........................................................................................................................ 124 LAND ANIMALS .................................................................................................................................................... 13 4.1 TYPES OF LAND ANIMALS........................................................................................................................................... 13 4.2 ALLOWED ............................................................................................................................................................... 13 4.3 PROHIBITED ............................................................................................................................................................ 14 4.4 DIFFERENCE OR IKHTEELAF ......................................................................................................................................... 15 4.5 MAJOR RULINGS ON LAND ANIMALS............................................................................................................................ 16 4.5.1 Predators with Fangs ................................................................................................................................. 16 4.5.2 Animal that is Mustakhbath ...................................................................................................................... 16 4.5.3 Jallalah Animal........................................................................................................................................... 18 4.6 DISCUSSIONS ........................................................................................................................................................... 19 4.6.1 Elephants ................................................................................................................................................... 19 4.6.2 Hyena ......................................................................................................................................................... 19 4.6.3 Fox ............................................................................................................................................................. 19 4.6.4 Dabb .......................................................................................................................................................... 205 FOOD OF THE WATER........................................................................................................................................... 21 5.1 UNANIMOUS CONSENSUS .......................................................................................................................................... 21 5.1.1 No Differentiation between Whale & Fish ................................................................................................. 22 5.2 ANIMALS THAT LIVE IN THE WATER (NON-FISH) .............................................................................................................. 23 5.3 ANIMALS THAT LIVE IN THE SHORE ............................................................................................................................... 246 BIRDS ................................................................................................................................................................... 25 6.1 PROHIBITED ............................................................................................................................................................ 25 6.1.1 Birds that hunt with talons ........................................................................................................................ 25 6.1.2 Birds that feed off carrion .......................................................................................................................... 251|Page
  • 2. 6.1.3 Hoopoe (Hudhud) and Shrike (Surad) ........................................................................................................ 267 VERMINS.............................................................................................................................................................. 27 7.1 LOCUSTS................................................................................................................................................................. 27 7.2 OTHER ................................................................................................................................................................... 278 SLAUGHTERING OR ZABIHAH ............................................................................................................................... 28 8.1 WAYS TO ZABIHAH ................................................................................................................................................... 28 8.1.1 Dabh .......................................................................................................................................................... 28 8.1.2 Nahr ........................................................................................................................................................... 28 8.2 SOME FACTS RELATED TO HUNTING ............................................................................................................................. 29 8.2.1 Who is allowed to hunting ? ...................................................................................................................... 29 8.3 WITH WHAT ONE MAY HUNT ?.................................................................................................................................... 29 8.3.1 Characteristics of a trained dog ? .............................................................................................................. 29 8.3.2 Procedure of Hunting ................................................................................................................................. 30 8.3.3 Eaten without Slaughtering ....................................................................................................................... 30 8.4 CONDITIONS OF SLAUGHTERING .................................................................................................................................. 31 8.4.1 Intelligence or Niyah .................................................................................................................................. 31 8.4.2 Religion of the one who Slaughters ........................................................................................................... 31 8.4.3 Instrument used to Slaughter .................................................................................................................... 32 8.4.4 Veins that need to be cut ........................................................................................................................... 33 8.4.5 The Tasmiya ............................................................................................................................................... 33 1.1.1.1 Evidence ............................................................................................................................................................ 34 1.1.1.1.1 First Opinion :: Hanafi Position .................................................................................................................... 34 1.1.1.1.2 Second Opinion :: Maliki & Hanbali Position ............................................................................................... 35 1.1.1.1.3 Third Opinion :: Shafi Position ..................................................................................................................... 35 8.5 SUMMARY OF FIQH ISSUES PERTAINING TO COMMONLY AVAILABLE MEAT.......................................................................... 369 MISCELLANEOUS .................................................................................................................................................. 37 9.1 STATUS OF ALCOHOL ................................................................................................................................................ 37 9.1.1 First Opinion............................................................................................................................................... 37 9.1.2 Second Opinion .......................................................................................................................................... 38 9.2 RELATED CONCERNS ................................................................................................................................................. 39 9.3 CHEMICAL CHANGES OR ISTIHALA ................................................................................................................................ 40 9.3.1 First Opinion ::............................................................................................................................................ 40 9.3.2 Second Opinion :: ....................................................................................................................................... 40 9.4 EXTREMELY SMALL IMPURITIES OR ISTIHLAK .................................................................................................................. 4010 QUESTIONABLE INGREDIENTS .............................................................................................................................. 402|Page
  • 3. 1 The BeginningDisobedience in matters of food was the root cause for humans to end up in Earth from thetranquility of Jannah1.1 Ibn Kathir - Story of the ProphetsWhen the time drew near to breathe the spirit into Adam, as Allah the Almighty decreed, Hecommanded the angels: When I breathe My spirit into him prostrate before him." Allah breathedHis spirit into Adam and when it reached his head Adam sneezed. The angels said: "Say all praisebelongs to Allah." Adam repeated: "All praise belongs to Allah." Allah said to him: "Your Lord hasgranted you mercy." When the spirit reached his eyes, Adam looked at the fruits of Paradise. Whenit reached his abdomen Adam felt an appetite for food. He jumped hurriedly before the spirit couldreach his legs, so that he could eat from the fruits of Paradise. Allah, therefore, said: Man iscreated of haste. [Surah Al-Anbiya 21: 37]And then: The angels prostrated themselves, all of them together. Except Iblis - he refused to beamong the prostrators. [Surah Al-Hijr 15: 31-32]1.2 ObedienceSurah Baqarah 2, Ayat 35 :: And We said, "O Adam, dwell, you and your wife, in Paradise and eattherefrom in [ease and] abundance from wherever you will. But do not approach this tree, lest yoube among the wrongdoers."1.3 Blessings of Jannah In the garden you will never go hungry, feel naked...” [Ta-Ha: 118]Allah has taken care of food and clothing for you. Everything is halah besides the very fewrestrictions. It is Allah‘s blessing.3|Page
  • 4. 1.4 Reminder from AllahO ye Children of Adam! Let not Satan seduce you, in the same manner as He got your parents out of theGarden, stripping them of their raiment, to expose their shame: for he and his tribe watch you from aposition where ye cannot see them: We made the evil ones friends (only) to those without faith. [AlA‘raf: 27]1.5 Advise from Prophet (saw)Sahih Bukhari, Volume 8, Book 76, Number 481 :: It has been related on the authority of Sahl ibnSad, that the Prophet (saw) said, "Whoever can guarantee what is between his jaws and what isbetween his legs, I guarantee him the Garden."4|Page
  • 5. 2 Important Fact to ConsiderAllah promised Adam and Eve that they will not go naked, hungry or thirsty in Jannah except thatthey do not eat from the tree. Shaytan misguided Adam and Eve with food and we are also in thesimilar situation. The message here is that Shaytan lead Adam and Eve astray by enticing themwith food which was haram for them. The moment they ate the food nakedness became apparentto them.Narrated An-Numan bin Bashir (Radi-Allahu anhu): The Prophet (Sallallahu Alaihi Wa Sallam)said "Both legal and illegal things are obvious, and in between them are (suspicious) doubtfulmatters. So who-ever forsakes those doubtful things lest he may commit a sin, will definitely avoidwhat is clearly illegal; and who-ever indulges in these (suspicious) doubtful things bravely, is likelyto commit what is clearly illegal. Sins are Allahs Hima (i.e. private pasture) and whoever pastures(his sheep) near it, is likely to get in it at any moment." Bukhari Vol. 3 : No. 267On the authority of Abu Hurairah, who said : I heared the messenger of Allah say :: "What I haveforbidden to you, avoid; what I have ordered you [to do], do as much of it as you can. It was onlytheir excessive questioning and their disagreeing with their prophets that destroyed those whowere before you." [related bu Bukhari and Muslim]On the authority of Al-Hasan bin Ali, the grandson of the messenger of Allah, who said : Imemorized from the messenger of Allah his saying : "Leave that which makes you doubt for thatwhich does not make you doubt." [ narrated by Tirmidhi and Nasaee]On the authority of Abu Hurairah, who said : The messenger of Allah said :: "Part of someonesbeing a good Muslim is his leaving alone that which does not concern him." [ hadith narrated byTirmidhi]Jaabir (Radiyallaahu Anhu) narrates that Rasulullah (Sallallaahu Alaihi Wa Sallam) said, “No meat(i.e. person) that was nourished with haraam will enter paradise. Every meat (i.e. person) that wasnourished with haraam is more deserving of the Fire.” (Musnad Ahmad, Baihaqi)5|Page
  • 6. Abu Hurairah (Radiyallaahu Anhu) narrates that Rasulullah (Sallallaahu Alaihi wa Sallam) said,“Verily, Allah is Pure and He only accepts pure, and indeed Allah commanded the Believers whatHe commanded the Messengers. He said: ‘O Messengers, eat of the pure things and performrighteous acts. Verily, I am Well-Aware of what you do.’ And He said ‘O you who believe! Eat of thegood things that We have provided you with, and give thanks to Allah if Him it is that you serve.’Then the narrator of the hadith says: Then he (i.e. the Prophet) made mention of a man who isconstantly in journeys and has dishevelled hair and dusty appearance (due to constant journeys forperforming acts of righteousness such as Hajj, Umra, seeking knowledge etc.) and he raises hishands towards the sky saying “O my Rabb. O my Rabb”. But his food is from haraam. His drink isfrom haraam. His clothes are from haraam. He is nourished from haraam. How can it (his prayer)be accepted?” (Muslim)Allah created all the food or the blessings in the world for the benefit of the righteous people.People who do not abide the law Allah also get benefited because of the righteous people. Thecause of creation for such benefit are the righteous people not the whole.6|Page
  • 7. 2.1 Among the Last Revealed VerseThese verses are among the last revealed verses. These were revealed in the last 3 months of theProphet (saw). It only talks about food.Surah Al-Maidah 5, Ayat 3 - 5 :: Sahih International: Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah, and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful. Sahih International: They ask you, [O Muhammad], what has been made lawful for them. Say, "Lawful for you are [all] good foods and [game caught by] what you have trained of hunting animals which you train as Allah has taught you. So eat of what they catch for you, and mention the name of Allah upon it, and fear Allah." Indeed, Allah is swift in account. Sahih International: This day [all] good foods have been made lawful, and the food of those who were given the Scripture is lawful for you and your food is lawful for them. And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers. And whoever denies the faith – his work has become worthless, and he, in the Hereafter, will be among the losers.7|Page
  • 8. 2.2 Etiquette or Adab of EatingActions that constitute behavior or protocol to conduct something. This basically defines what canbe or should not be done. In Islam Adab is considered as Encouraged or Mustahab andDiscouraged or Makruh.2.2.1 Take Allah’s nameOnce the Prophet was sitting around a large plate of food and the sahabah were having a meal when aBedouin passed from a distance and diverted his course to come to the food. The sahabah said he waswalking in an unnatural manner as if he was being pushed. He reached for the food and the Prophetstopped him with his right hand. The same happened with a girl and the Prophet stopped him with hisleft hand. He said, “Shaytan considers it permissible to eat food over which bismillah has not been saidand when he saw this food, he wanted it so he sent the Bedouin to get it and when I stopped it he sentthe little girl to get it. Wa‟llahi, my hand is in his hand, and my hand is in her hand, and Shaytan is intheir two hands.”This hadith shows us that when we do not say bismillah, someone is free loading off our food. Whenyou do not say bismillah, you have a partner when you eat. We will never know how (it is „ilm al ghayb)but the food satisfied another entity as well. The key phrase: the Shaytan considers it halal to eat foodover which bismillah has not been said.2.2.2 Eat with Your Right HandThis is considered Wajib as the Prophet instructed to do so.Evidence from the hadith of Umar b. Abi Salamah (above). Also Once a munafiq (hypocrite) was in thehouse of the Prophet and they were eating food. The Prophet observed the hypocrite eating with his lefthand and said, “Ya fulan, eat with your right hand.” The munafiq became enraged and thought, “Who isthe Prophet to tell me what to do?” and he becamse arrogant and said, “I cannot eat with my right.”The Prophet understood what was happening and dealt with him in the way he deserved and said, “Inthat case, if you cannot do it, you should not do it.” The man‟s right hand was then paralyzed for therest of this life and he could not raise his right hand because of his arrogance.Musnad Imam Ahmad: The Prophet said, “Verily, the Shaytan eats with his left hand.” We do everythingwhich8|Page
  • 9. 2.2.3 Eat with 3 fingersProphet used to eat with 3 fingers as per description by the Sahabas. Some scholars say that itmight be 4, where 3 are fingers and 1 is the thumb.. But the basic message or the moral behind thisis that with the 3 or 4 fingers one cannot put a handful into their mouth. So, eat in small biteswhich eventually also let your food digest well.The Prophet said, “The worst container that any human can fill is his own stomach. It is sufficient for aperson that he eats a few morsels of food (five or seven morsels) because of which his back will remainstraight. But if you want to go more than this, then you may take up to one-third for your food, one-third for your drink, and one-third for the air that you breathe.” [At-Tirmidhi] Eating more than one-third becomes makruh.2.2.4 Eat from that which is Close to YouThis, too, is learned from the hadith of Umar b. Abi Salamah (above). They use to eat from a largecommon plate, and it is sunnah to eat from the portion of food that is closest to you.Once the Propeht was invited to the house of an ansari, and he loved squash, and when the squasharound him finished, he began eating the squash around the plate until he finished it all. WhenAnas ibn Malik saw this, he said that he never ceased to love squash. It appears that the Prophet iseating from other portions of the plate.2.2.5 Eat from the Corner not the CenterThe Prophet said `when one of you eats, let him eat from the corners (sides) and leave the center[meaning for the last] because barakah come down in the middle of the food.” In Islamic science,baraqah refers to increasing the utility and usefulness of the product.The Prophet is telling us that when Muslims sit down to eat, Allah‘s barakah comes down in thecenter of the food, and we want to leave as much there to increase the barakha.9|Page
  • 10. 2.2.6 Eat from Common PlateThis is sunnah as mention in the Hadith in Ibn Majah: The Prophet said, “Eat all of you together and donot break up. The blessing of Allah are with the jama‟ah.”This does not mean we cannot eat alone.It is no fault in the blind nor in one born lame, nor in one afflicted with illness, nor in yourselves, that yeshould eat in your own houses, or those of your fathers, or your mothers, or your brothers, or yoursisters, or your fathers brothers or your fathers sisters, or your mohters brothers, or your motherssisters, or in houses of which the keys are in your possession, or in the house of a sincere friend of yours:there is no blame on you, whether ye eat in company or separately. But if ye enter houses, salute eachother - a greeting of blessing and purity as from Allah. Thus does Allah make clear the signs to you: thatye may understand. [An-Nur: 61]2.2.7 Wiping the Plate & Fingers cleanThe Prophet said, “When one of you eats, let him not wipe his hand until he licks what is on it or it islicked for him.” [Bukhari]2.2.8 Washing Hands Before & AfterThe Prophet said, “Making barakh for food requires doing wudu (washing hands before and after it).”[Tirmidhi]Do not Waste FoodThe Prophet said, “If a morsel of food falls on the ground as you are eating, pick it up and wipe awaythe dust and eat it, and do not leave it for Shaytan.” [Muslim]2.2.9 Be generous with FoodThe Prophet said, “When one of you cooks meat, increase the broth and then gift it to your neighbours.”[At Tabarani]In another hadith: “When you show your generosity to others, Allah will show His generosity to you.”In another hadith: “The food of one person should suffice for two, and the food of two should suffice forthree.”10 | P a g e
  • 11. 2.2.10 Do not Criticize Food even if You do not like itThis act is considered makruh.Abu Hurayrah narrates that the Prophet never criticized any food ever. To emphasize the point, he useddouble negative. “If he liked it, he would eat, and if he did not like it, he would abstain.” [Bukkhari]2.2.11 Praising Allah AfterwardsIn the hadith in Sahih Bukhari, thre phrases are similar. When the Prophet would say: “All praise be toAllah, abundant praise, a pure praise, a blessed praise. I praise Allah in this manner fully realizing thatthis praise is not sufficient for what He has blessed me with. I fully realize this is not the end and I willnever be free of this item [i.e. need the favour over and over again].”2.2.12 Make Du’a for the HostOne of the du‟as the Prophet said was, ―O Allah, bless them in what you have given them and forgivethem, and have mercy on them.”2.2.13 Control your BelchingOnce a Bedouin came into the gathering of the Prophet and began belching out loud. The Prophet said,“O so and so, stop your belching because it is irritating us!” [At-Tabarani] If belching is makruh, thenany other sound emitted are also makruh.2.2.14 Do not do Ittika give free passage to your stomach by leaning back leave back while eating to sit cross leggedThe Prophet once was eating, and a Bedouin came in and saw him sitting in a way that the Bedouinfound strange. The Bedouin said, “What type of sitting is this?” The Prophet responded, “As for me, I donot eat while muttaki.” [Bukhari] In another version, he said, ―Allah has made me a humble servantand not an arrogant king.”11 | P a g e
  • 12. 2.2.15 Drink with 3 sipsAnas ibn Malik narrates that the Prophet would take three sips when he was drinking and would say,“This is more quenching, healthier, and sweeter.” [Muslim] Three sips means that the Prophet wouldsplit the average sip a human being takes into three.2.2.16 Do not breathe into the cup that is common for allThe Prophet forbade blowing into a container. [Muslim]2.2.17 Drinking while standingIt is fine but it is highly recommended to sit while drinking if it is possible. Haram :: Minority Mubah (Neutral) :: Majority Makruh :: MajorityThe Companions themselves differed over this issue. This is a huge controversy over whether it ismakruh or haram or mubah or mustahab to drink while standing? To summarize: There are conflictinghadith in this regard.The first set of hadith seem to prohibit drinking while standing: Anas ibn Malik says the Prophet zajarah drinking while standing. [Muslim] The term zajarah is ambiguous and could mean ‗strongly forbade‘ or ‗disliked‘ and the difference between the two is ‗haram‟ and ‗makruh‟. The term is not precise. The Prophet said, “Whoever drinks while standing should vomit.” In the opinion of many scholars, this hadith is weak and not authentic.The second set of hadith seem to allow drinking while standing. In fact Sahih Bukhari has a chaptertitled the Chapter Regarding the Traditions of Drinking While Standing. Ali ibn Abi Talib narrated that when he was in Kufa, he was brough a container of water to drink, and he drank while standing in front of everyone. He then said, “I know some of you think that it is discouraged to drink while standing, but wa‟llahi I saw the Prophet drink while standing.” The Prophet drank zam-zam while standing. [At Tahawi] There was a canister of water stuck to the wall, and the Prophet stood up and unscrewed it and drank the water while standing and then closed it. [Bukhair]12 | P a g e
  • 13. 4 Land Animals4.1 Types of Land Animals Domesticated Wild o Predatory o Non-Predatory4.2 Allowed Cattles (cows, sheep, goat, camels, llamas) Gazelles, deer, antelopes, etc Wild Bovines Zebras o The Prophet (SAW) passed by a group of people who were cooking donkey in the conquest of Makkah. He asked them, “What meat is this?” They replied, “This is donkey meat.” The Prophet (SAW) said, “Allah and His Messenger have prohibited al Humur al ahliyah and have allowed al humur al washiyah.‖ [Muslim] Al humur al ahliyah is donkey and al humur al washiya is zebra (This hadith has been commonly mistranslated) Rabbits o Volume 7, Book 67, Number 397: o Volume 7, Book 67, Number 443: o Narrated Anas: 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 Allahs Apostle. (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.") [Bukhari, 746]13 | P a g e
  • 14. 4.3 Prohibited All Types of pigs and all that directly derived from it. All typed of dogs. Exception Maliki school, it is Makruh. Donkeys Domesticated Donkeys and donkeys in general made haram in the battle of Khaibar. o Sahih Bukhari :: Volume 7, Book 67, Number 405: o Sahih Bukhari :: Volume 7, Book 67, Number 429: o Sahih Bukhari :: Volume 7, Book 67, Number 430: o Sahih Bukhari :: Volume 7, Book 67, Number 431: o Sahih Bukhari :: Volume 7, Book 67, Number 432: o Sahih Bukhari :: Volume 7, Book 67, Number 433: o Sahih Bukhari :: Volume 7, Book 67, Number 434: o Sahih Bukhari :: Volume 7, Book 67, Number 435: o Sahih Bukhari :: Volume 7, Book 67, Number 436: o Sahih Bukhari :: Volume 7, Book 67, Number 437 o Sahih Bukhari :: Volume 7, Book 67, Number 405: o Sahih Bukhari :: Volume 7, Book 67, Number 429: Mules14 | P a g e
  • 15. 4.4 Difference or IkhteelafHorseHanafi :: Haram Nahl :: 016.008 :: Sahih International: And [He created] the horses, mules and donkeys for you to ride and [as] adornment. And He creates that which you do not know.Maliki, Shafi & Hanbali :: HalalAt the time of the Prophet SAW, the Sahaba (companions) use to sacrifice horses in Madina in a publicmanner. Since the Prophet SAW did not object, this can be used as a silent hadith. Also followinghadith references.Sahih Bukhari :: Volume 7, Book 67, Number 398:Sahih Bukhari :: Volume 7, Book 67, Number 433:Sahih Bukhari :: Volume 7, Book 67, Number 400:Sahih Bukhari :: Volume 7, Book 67, Number 406:Sahih Bukhari :: Volume 7, Book 67, Number 418:many more ……..15 | P a g e
  • 16. 4.5 Major Rulings on Land Animals4.5.1 Predators with FangsEvery predator that has fangs is haram because Abu Tha‟laba narrated: Allahs Messenger forbade theeating of the meat of beasts having fangs. (Bukhari: 438)The Malikis say that it is not haram but makruh.4.5.2 Animal that is MustakhbathExamples: scorpions, snakes, rats, mice, monkeys of all types, hedgehog, porcupine, squirrels, etc.Mustakhbath means anything that is considered disgusting. Allay says:Surah Al-Araf :: 007.157 ::Muhsin Khan: Those who follow the Messenger, the Prophet who can neither read nor write(i.e.Muhammad SAW) whom they find written with them in the Taurat (Torah) (Deut, xviii, 15) andthe Injeel (Gospel) (John xiv, 16), - he commands them for Al-Maruf (i.e. Islamic Monotheism andall that Islam has ordained); and forbids them from Al-Munkar (i.e. disbelief, polytheism of allkinds, and all that Islam has forbidden); he allows them as lawful At-Taiyibat [(i.e. all good andlawful) as regards things, deeds, beliefs, persons, foods, etc.], and prohibits them as unlawful Al-Khabaith (i.e. all evil and unlawful as regards things, deeds, beliefs, persons, foods, etc.), hereleases them from their heavy burdens (of Allahs Covenant), and from the fetters (bindings) thatwere upon them. So those who believe in him (Muhammad SAW), honour him, help him, andfollow the light (the Quran) which has been sent down with him, it is they who will be successful.Sahih International: Those who follow the Messenger, the unlettered prophet, whom they findwritten in what they have of the Torah and the Gospel, who enjoins upon them what is right andforbids them what is wrong and makes lawful for them the good things and prohibits for them theevil and relieves them of their burden and the shackles which were upon them. So they who havebelieved in him, honored him, supported him and followed the light which was sent down with him– it is those who will be the successful.Based on this ayah, the Hanafi, Shafi, and Hanbali understood that every animal that you finddisgusting is haram. (Note: what is disgusting is labeled by the Shariah, not the individual itself).The Malikis said that the others have misunderstood the ayah. ―I have allowed that which is pure and Ihave forbidden that which is filthy” means that the halal is pure and the haram is filthy. It is not ourprerogative to decide what is filthy and pure because Allah has told us what is halal and haram.Therefore the Malikis say that whatever is haram is filthy and there is no such thing as a disgustinganimal.16 | P a g e
  • 17. Issue among the three madhabs: How is it decided what is filthy?-HanafiThey did not have a general rule by which they defined mustakhbath. Rather, they use this rulequite liberally to prohibit many items other madhabib considered permissible. In Shaykh YasirQadhi‘s humble opinion, Imam Abu Hanifah‘s ethnicity and upbringing (a nobleman from Persia)influenced his decision and he found many items disgusting, particular shrimp.-Shafi and HanbaliUnlike the Hanafi, Shafis and Hanbalis had a general rule.Shafis said: The city dwelling Arabs will decide what is mustakhbath because the Bedouins wereuncivilized people and ate everything. Why restrict it to the Arabs? Who better to understand theword mustakhbath than the Arabs.Hanbalis said: Using the city dwelling Arabs is too broad and Arab culture is very different fromplace to place. Therefore, they restricted it to the Hijaz city Arabs because the Quran was revealedin Hijaz.-Ibn TaymiyyahHe said that the religion is not depended on Arab culture and cuisine. Therefore the general ruleshould be based upon the general trends of humanity. For example, humanity as a whole findsnakes and monkeys disgusting. We do not look at what strange and exotic cultures do (ex: China)17 | P a g e
  • 18. 4.5.3 Jallalah AnimalA jallalah animal is one that eats as its primary consumption something najas (filthy). The scholars saythat the jallalah animal is not allowed becauseThe Prophet forbade riding and drinking the milk of the camel, which feeds on filth.[So other animalswill be the same i.e. cow, sheep, goat and so on in regard to drinking its milk] (Abu Dawud: 3778)Hadith :: Abu Dawood :: Book 21, Number 3776: Narrated Abdullah ibn Umar: The Apostle ofAllah (peace_be_upon_him) prohibited eating the animal which feeds on filth and drinking its milk.Book 21, Number 3777: Narrated Abdullah ibn Abbas: The Prophet (peace_be_upon_him)prohibited to drink the milk of the animal which feeds on filth.Book 21, Number 3778: Narrated Abdullah ibn Umar: The Apostle of Allah (peace_be_upon_him)forbade riding the camel which feeds on filth and drinking its milk.All the madhabs consider the jallalah animal to be makruh and not haram. They differed on what isconsidered a jallalah animal. -Hanbalis and Hanafis: Majority of its food is najas -Shafis: change in its smell (sweat) and taste (milk) occursNOTE :: To feed an animal najas is haram but to eat the animal is not haram.18 | P a g e
  • 19. 4.6 Discussions4.6.1 ElephantsIt depends on whether the tusks are classified as fangs or not. Majority of scholars say that theelephant is haram because it has fangs. However, we now know that the elephant is a docile creatureand not a predator, and the tusks are not fangs. This shows cultural effects upon our own scholars. Atthe time, the elephant was looked at a predator and a beast and on top of that the scholars did notvisit Africa where the elephants resided.4.6.2 HyenaMany scholars (standard Hanbali and Shafi position) say that they are allowed because they arescavengers and not predators. Imam Hanafi says it is haram.4.6.3 FoxThe majority of scholars said that it is haram because it has fangs. Imam Shafi said that they are halalbecause foxes are not predators. The hadith says ―every predator that has fangs”; therefore, there aretwo conditions: 1) predator and 2) fangs. Foxes are known for snatching chickens.19 | P a g e
  • 20. 4.6.4 DabbKhālid b. al-Walīd narrated that the Messenger of Allah entered upon Maymūnah along with him, andMaymūnah was his [Khālid‟s] maternal aunt, and the maternal aunt of Ibn ʿAbbās, and found that shehad some roasted lizard that her sister Hafīdah bint al-Hārith had brought from Najd. She offered thelizard to the Messenger of Allah, and [it was his habit] that he would rarely stretch forth his hand tofood until he had been told what it was. The Messenger of Allah stretched forth his hand, then one ofthe women (Hafiza) who were present said, “Tell the Messenger of Allah (peace and blessings of Allahbe upon him) that what has been offered to him is the dab”. The Prophet withdrew his hand from thelizard. So Khalid b. al-Walid asked, “Is it prohibited, O Messenger of Allah?” He said, “No, but it is notfound in the land of my people, and so I find myself having no need for it.” Khalid said, “Then I chewed itand ate it, and the Messenger of Allah was looking at me.” (Narrated by al-Bukhārī:5085 and Muslim)20 | P a g e
  • 21. 5 Food of the Water5.1 Unanimous ConsensusFish is permitted.Allah praises fish in the Quran in a way that He does not praise anything else. An adjective is usedthat is not used for any other meat. Surah Fatir, verse 12: Allah says that He has blessed us withsweet water and salt water and from the both types of water, Allah says “we extract a meat that istaree (beneficial, nutritional, fresh, juicy, succulent)” Allah praises fish meat like He praises noother.Surah Fatir :: 035.012Sahih International: And not alike are the two bodies of water. One is fresh and sweet, palatablefor drinking, and one is salty and bitter. And from each you eat tender meat and extract ornamentswhich you wear, and you see the ships plowing through [them] that you might seek of His bounty;and perhaps you will be grateful.Surah Al-Maidah :: 005.096Muhsin Khan: Lawful to you is (the pursuit of) water�game and its use for food - for the benefit ofyourselves and those who travel, but forbidden is (the pursuit of) land�game as long as you are ina state of Ihram (for Hajj or Umrah). And fear Allah to Whom you shall be gathered back.Sahih International: Lawful to you is game from the sea and its food as provision for you and thetravelers, but forbidden to you is game from the land as long as you are in the state of ihram. Andfear Allah to whom you will be gathered.21 | P a g e
  • 22. 5.1.1 No Differentiation between Whale & FishSahih Bukhari :: Volume 7, Book 67, Number 401:Narrated Jabir:We went out in a campaign and the army was called The Army of the Khabt, and Abu Ubaida wasour commander. We were struck with severe hunger. Then the sea threw a huge dead fish calledAl-Anbar, the like of which had never been seen. We ate of it for half a month, and then AbuUbaida took one of its bones (and made an arch of it) so that a rider could easily pass under it.Sahih Bukhari :: Volume 7, Book 67, Number 402:Narrated Jabir:The Prophet sent us as an army unit of three hundred warriors under the command of Abu Ubaidato ambush a caravan of the Quraish. But we were struck with such severe hunger that we ate theKhabt (desert bushes), so our army was called the Army of the Khabt. Then the sea threw a hugefish called Al-Anbar and we ate of it for half a month and rubbed our bodies with its fat till ourbodies became healthy. Then Abu Ubaida took one of its ribs and fixed it over the ground and arider passed underneath it. There was a man amongst us who slaughtered three camels whenhunger became severe, and he slaughtered three more, but after that Abu Ubaida forbade him todo so.22 | P a g e
  • 23. 5.2 Animals that live in the water (non-fish)These include lobster, octopus, shrimp, etc.The Hanafis use the mustakhbath rule. They found everything besides fish and whales to bemustakbath. The Shafis and Hanbalis, however, said there is not mustakhbath rule for animals insea because Allah says: Lawful to you is the game of the sea and its food, a provision for you and for the travellers,and the game of the land is forbidden to you so long as you are on pilgrimage, and be careful of(your duty to) Allah, to Whom you shall be gathered. (Al-Maidah: 96)Hadith of the sailor coming to the Prophet. The sailor said, ―O Messenger of Allah, I am a sailorand sometimes we run out of water. Can we make wudu with salty water?‖ The Prophet gave ageneral rule and said, ―Its water is pure and its dead is halal to eat.‖ You can make wudu withocean water even if you have fresh water. The sailor did not ask about seafood, but the Prophetgave the verdict anyway. Based upon this hadith, the Prophet said ―its dead is allowed.‖ The threemadhabs say that ―its dead‖ refers to anything in the ocean.How about land-equivalent animals?The Malikis, Hanbalis, and Shafis said that those animals whose ―land-equivalent‖ are prohibitedare also prohibited. This is an opinion within the latter two madhabs. Examples include sea-dogseal, sea-pig dolphin.The Hanafis said that sharks have fangs and so it is haram but the fang rule does not apply to seabecause the ocean is halal.23 | P a g e
  • 24. 5.3 Animals that live in the shoreThere are differences of opinion over animals that live on shore such as crabs, turtles and seals.-Hanafi position: none of these animals is permitted. There is no evidence to permit it.-Maliki position: all such animals are allowed.-Shafi and Hanbali position: blood-flowing animals require slaughter, rest are permitted, exceptfrogs (and crocodiles) for the Hanbalis.The Shafis and Hanbalis considered frogs to be impermissible based upon an exception. Hanafis saymustakhbath and Malikis say that it is halal.Abd al-Rahmaan ibn „Uthmaan (may Allaah be pleased with him), according to which a doctorasked the Prophet (peace and blessings of Allaah be upon him) about using frogs in medicine, andthe Prophet (peace and blessings of Allaah be upon him) forbade killing them. (Abu- Dawood: 5269)Also, the Prophet forbade the killing of frogs and said that their croaking is tasbih.If every animal makes tasbih, then how are we allowed to kill animals and not the frog? Response:This is an exception and we do not ask why.24 | P a g e
  • 25. 6 BirdsBy unanimous consensus, vast majority of birds are considered permissible. Allah praises it as the foodof Jannah. In Surah Waqiah: ―…they shall have the meat of any bird they desire…‖6.1 Prohibited6.1.1 Birds that hunt with talonsTalons are the claws that the bird hunts with. The Malikis consider them to be makruh.Other scholars say it is haram because Ibn „Abbaas (may Allaah be pleased with him), who said:The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade every wild animalwith fangs and every bird with talons. (Muslim: 1934).6.1.2 Birds that feed off carrionThe three madhabs define the mustakhbath bird as one that eats carrion.The Hanafis, Shafis, and Hanbalis consider it haram to eat large black crows and speckled crows,which are both types that usually eat only carrion, so they are abhorrent to those of a soundnature. This type also include vulture, because they only eat carrion, even though they do not havetalons with which they catch prey25 | P a g e
  • 26. 6.1.3 Hoopoe (Hudhud) and Shrike (Surad)The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade killing four kinds ofanimals: ants, bees, hoopoes and sparrow-hawks. (Abu Dawud: 5267 and Ibn Majaah: 3224).26 | P a g e
  • 27. 7 VerminsLand vermin is everything else such as insects, rats, snakes, lizards, etc7.1 LocustsAllowed by unanimous consensus.Narrated Ibn Abi Aufa: We participated with the Prophet in six or seven Ghazawat, and we used to eatlocusts with him. (Bukhari, 403)7.2 OtherMajority of scholars prohibited or considered them makruh (mustakhbat)Maliki’s considered most permissible.Snails, Rats, House Lizards, Crocs, Mice, Spiders, etc  all are prohibited by all except Malikis. This isHARAM, because they are disgusting (Mustakhbath rule).Imam al-Nawawi said that land insects are haram. This is the view of Hanafis, Hanbalis, andDhahiris. Imam Malik, however, consider them halal. Ibn Hazm said that it is not permissible to eatgeckos, wasps, worms, flies, bed bugs, etc. because Allah has forbidden everything that iskhabeeth.When Imam Malik was asked by some people of North Africa about eating a snail, he replied,―This is the same as the locust, so I do not think there is anything wrong with eating it.‖ Thisshows that he considered it to be permissible.27 | P a g e
  • 28. 8 Slaughtering or ZabihahThese animals must be slaughtered either by the method of dhabh or nahr. Dhabh is done aboutthe adam‘s apply, closer to the throat. Nahr is done above the collar bone. The difference is half aninch in goats and three feet in camels.Nahr is done for the camel. Dhabh is done to other domesticated animals. However, nahr can alsobe used—its just a matter of what is most comfortable and convenient.What animals fall under this category?By and large, domesticated animals (e.g., sheep, cattle, cows, goats, etc.) fall under this condition.The scholars have also added that if a wild animals that is usually killed through hunting is underyour control and not dangerous, then you have to slaughter it.8.1 Ways to Zabihah8.1.1 Dabh8.1.2 Nahr28 | P a g e
  • 29. 8.2 Some Facts related to HuntingNon-predatory are usually hunted. For example a deer which is not under your control. Hunting isa concession—you shoot any part of the body and the animal bleeds to dead. This is a concessionbecause you cannot physically have the animal in your hand to do dhabh.Hunting is a separate chapter of fiqh which we will not discuss in deal here. Allah says :: They ask you as to what is allowed to them. Say: The good things are allowed to you, and what you have taught the beasts and birds of prey, training them to hunt-- you teach them of what Allah has taught you-- so eat of that which they catch for you and mention the name of Allah over it; and be careful of (your duty to) Allah; surely Allah is swift in reckoning. [Māʾidah: 4]8.2.1 Who is allowed to hunting ?A person in the state of ihram is forbidden from hunting. Also, people of religions other than theAbrahamic religions are not allowed to hunt for us.8.3 With what one may hunt ?Scholars agree that you can hunt with a dog, birds, and sharp instruments (i.e., kill by bleeding andnot by weight). You cannot beat an animal to death or starve them to death. Animals traps areforbidden in Islam. A bullet is allowed because it pierces and bleeds. Scholars different over blackdogs.8.3.1 Characteristics of a trained dog ?The books of fiqh discuss dog training because Allah says in the Quran that you can hunt with atrained dog. The scholars of fiqh then have to clarify what constitutes a trained dog. Simply rule: ifyou tell your dog to stop eating and it stops eating, then it is a trained dog. The dog has to hunt foryou and not for itself.29 | P a g e
  • 30. 8.3.2 Procedure of HuntingFor Shafis, saying the Tasmiya is Sunnah while it is mandatory for others. For the three madhabs, if youintentionally did not say bismillah when you shoot an arrow, then the meat is not allowed. Thisbecause Allah said :: They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by Allah. eat what they catch for you, but pronounce the name of Allah over it: and fear Allah. for Allah is swift in taking account. [A;-Ma‘ida: 4]What if you intended a specific deer and the dog captured another?The Majority of scholars say it is irrelevant which animal is killed and the bismillah is attached tothe instrument used.What if you are in doubt as to how the animal died?For example, you shoot a bird and it falls into the water and you are not sure if it died due to thebullet or because of drowning. In such case, all four madhabs say: when in doubt, you must leaveit. When you do not know how the animal died, you are not allowed to eat it because it may bemaytah. A man asked the Prophet: ―What if I send my dog and it loses sight and when I reach, there are other animals present?” the Prophet said, ―Do not eat because you only said bismillah for your dog.”8.3.3 Eaten without SlaughteringSeafood even if you find it dead is halal for you. It does not matter who catches it either. It ispermissible because there are no rules associated with seafood or locusts30 | P a g e
  • 31. 8.4 Conditions of Slaughtering8.4.1 Intelligence or NiyahWhat is important is the niyyah (intention) to kill. Majority of scholars say that the person has to beable to intend slaughter. The evidence for this is in Bukhari that ―all actions are by intentions.”The Shafis, however, said it is not a necessary condition, but preferred. However the blood flows isokay so long as it flows.No scholar has set bulugh has a condition of taharah to slaughter. A person can be in a state ofjanabah (impurity) and is permissible to slaughter. No scholar differentiated between men andwomen slaughtering.8.4.2 Religion of the one who SlaughtersBy unanimous consensus, Muslims, original Christian or Jew are allowed to slaughter.In case of ‗Arab and convert Christians, the Shafis prohibited. Classical Shafis had a strange opinionwhich modern Shafis had discarded. There was a group of Arabs who embraced Christianitybecause they were interacting with the Romans. The Shafis did not view them as real Christiansand said that the only thing they kow of Christianity is to drink alcohol.By and large, the madhahibs say: any Christian, Jew, or Muslim is allowed to slaughter for us. AChristian is someone who belies in Jesus Christ and the trinity regardless of if they view him as theson of God or not. A Christian by definition believes in blasphemy.What about the heretical groups within Christianity? At that time, there was only RomanCatholicism. Protestantism is close to Islam than Catholicism, so they fall under the group ofChristians. The differences between Roman Catholics and Greek Orthodox are minor. What aboutminor fringe groups such as the Mormons? In Shaykh Yasir‘s humble opinion, Mormons cannot begiven the verdict of ahl al kitab (people of the Book) because they believe in anotherBy and large, America is a Christian nation. However, when it comes to many European countries,we cannot make that claim anymore (e.g., Denmark, Sweden, Finland) because many claim to beagnostic and atheist.31 | P a g e
  • 32. 8.4.3 Instrument used to SlaughterTwo conditions: 1.That it be a sharp instrument that kills by cutting, and not weight 2. That it not be manufactured from an animal‘s teeth or claws.Scholars made two conditions. The main condition is that the slaughter should be done by a sharpinstrument that causes the animal to bleed and not by a blunt instrument that causes the animalto die of blows. The animal should be killed by the sharpness and gushing of the blood. There isunanimous consensus on this. If you kill by bluntness and blowing, then no blood flows out, and itis not dhadb.The second condition is that the knife cannot be made from animals, teeth, or claws (i.e., an ivoryknife is not allowed). The Prophet instructed animals to be slaughtered except with teeth/claws ornails. This hadith is ambiguous and many scholars interpreted it to mean that slaughtering cannotbe done with instruments made of teeth or nails. Other scholars said, in jahiliyy society, they wouldclaw a chicken to death or rip it open and let it bleed, so when the Prophet said this, he is saying tonot slaughter in the jahiliyy practice.[In Shaykh Yasir‘s humble opinion, the second condition is misunderstood]If the animal dies by another method, it is considered haram by all four madhahib. If the animaldies before the knife reaches the throat, it is considered maytah (carrion); therefore, it raises theissue of stun guns and electrocutions. In America, by federal law, all large meat processing plantsmust stun the animals before they are slaughtered, which they believe is a manifestation of mercyand sign of humanity. Poultry is electrocuted and beef is stunned with a stun gun (the bullet goesin and out of the brain). The cow is immobilized and loaded onto a machine and then slaughtered.The problem that arises: a large percentage of these animals will die before the cow is placed onthe machine or the knife reaches the throat. This raises condition #3. Regarding chicken, thevoltage is so low that very few chickens actually die. Regarding larger animals, the percentage ishigher. In Shaykh Yasir‘s opinion, research is difficult because every factory is different and eachfactory has different procedures. Also, because there is no monitoring, many factory workers arenot in a hurry to finish the work and may stun the animals and come back later and put them onthe machine.Based upon this condition, there is another opinion amongst North American scholars: poultry ishalal and beef is haram. Those who ignore the other two conditions will reason as follows: this is aChristian plant and the workers have intended to sacrifice and the knife has reached the throat ofthe chicken, but a good percentage of beef is dead before the knife reaches it; therefore, there is ahuge doubt regarding it and it is considered impermissible.Those who allow beef say that it is a trivial percentage of beef that is dead before the knife reachesit32 | P a g e
  • 33. 8.4.4 Veins that need to be cutMammals have four primary arteries: trachea (air passage), esophagus (food passage), and twojugular veins (blood arteries).Perfect Slaughter: all four arteries, while leaving the spinal cord (unanimous consensus)By almost unanimous consensus, if all four are cut along with the spinal cord, the animal is stillhalal even though what you have done is makruh.Perfect Slaughter :: How many needs to be cut ? What is the entire neck gets cut off ? Imam Malik and Hanbali: all four must be cut Abu Hanifah: any of these three must be cut Standard Maliki madhab position: the tachea and the two jugular vein are the minimum (esophagus is voluntary) Abu Yusuf (student of Imam Abu Hanifah): the trachea, the esophagus, and one of the two jugular veins is wajib Standard Shafi and Hanbali opinion: trachea and esophagusNOTE :: *None of these positions have textual evidences: Shaykh Yasir leans toward at least one ofthe jugular veins being cut because blood must gush out8.4.5 The TasmiyaFirst Opinion :: Obligatory to mention Allah’s name, in all circumstances HanafiSecond Opinion :: Obligatory to mention Allah’s name, but forgiven if accidentally forgotten Mailiki & Hanbali PositionThird Opinion :: Mentioning Allah’s name is mustahab Shafi Position33 | P a g e
  • 34. 1.1.1.1 Evidence1.1.1.1.1 First Opinion :: Hanafi PositionSurah Al-Hajj :: 022.028 :: Sahih International: That they may witness benefits for themselvesand mention the name of Allah on known days over what He has provided for them of [sacrificial]animals. So eat of them and feed the miserable and poor.Surah Al-Hajj :: 022.034 :: Sahih International: And for all religion We have appointed a rite [ofsacrifice] that they may mention the name of Allah over what He has provided for them of[sacrificial] animals. For your god is one God, so to Him submit. And, [O Muhammad], give goodtidings to the humble [before their Lord]Surah Al-Anam :: 006.118 - 119 :: Sahih International: So eat of that [meat] upon which thename of Allah has been mentioned, if you are believers in His verses. And why should you not eatof that upon which the name of Allah has been mentioned while He has explained in detail to youwhat He has forbidden you, excepting that to which you are compelled. And indeed do many lead[others] astray through their [own] inclinations without knowledge. Indeed, your Lord - He is mostknowing of the transgressors. And leave what is apparent of sin and what is concealed thereof.Indeed, those who earn [blame for] sin will be recompensed for that which they used to commit. And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it isgrave disobedience. And indeed do the devils inspire their allies [among men] to dispute with you.And if you were to obey them, indeed, you would be associators [of others with Him]. Sacrifice is an act of a worship, so Allah’s name needs to be taken and intended to be for Allah Strictness of Tasmiya shown while hunting then when in a position of ease why Tasmiya will be relaxed Tasmiya was still present in Pre-Islamic times in Arabia Shaytan eats from food on which Allah’s name has not been taken34 | P a g e
  • 35. 1.1.1.1.2 Second Opinion :: Maliki & Hanbali PositionThis is the modification of the first opinion. All of the evidence for the first opinion are also used bythose who hold this option. They just added: Hadith :: “My Lord has forgiven from my nation mistakes, forgetfulness and what they were forced to do “… {Ahma}1.1.1.1.3 Third Opinion :: Shafi Position You should say Basmallah and eat from your food. So, slaughtering does not necessitate Tasmiya Sacrifice is not a purely religious act Ahlay Keetab or People of the Book :: Allah allowed us to eat their meat while knowing how they kill. Verses of Surah Al-Masidah abrogate the verses of Al-Anam35 | P a g e
  • 36. 8.5 Summary of Fiqh Issues Pertaining to Commonly Available Meat1. Religion of the one sacrificing. In European countries, it is not safe to extrapolate and say thatthey are all Christians. They have a high percentage of atheists and agnostics. They do not havelarge number of immigrants working in their meat factories. Therefore, for European countries,this is a huge factor. In America, we can assume that the people working in these plants areChristian.2. State of animal as instrument cuts throat. By and large, we an assume that chicken passes thistest because the voltage level is low and only stuns it. When it comes to livestock, 20-40% are deadbefore the knife reaches the throat. Therefore, poultry is halal and beef is haram.3. Mentioning Allah‘s name. The three madhahib say that it is a condition. Ritual slaughters areonly done by the Muslims and orthodox Jews.4. Cleanliness of the animal itself. Even if the animal is fed najas or has hormones, the majority ofscholars say that it is makruh and not haram.Note: Distinction between ‗ḥalāl‘ and dhabiha has no real fiqh basis – cultural difference. Halaland dhabiha are synonymous in the books of fiqh. Shafis define it one way and the other threemadhahib define it in another way. This does not have a legitimate fiqh basis. It is a completelymodern American cultural fiqh connotation.36 | P a g e
  • 37. 9 Miscellaneous9.1 Status of AlcoholGeneral Guideline :: Whatever intoxicates in large quantities is prohibited in small quantities. Pure Alchohol (Without the OH bond)) does not intoxicate Ehtyl Alchohol intoxicates Difference of opinion on, is Alchohol pure or impure9.1.1 First OpinionAllah says :: “O you who believe! intoxicants and games of chance and (sacrificing to) stones set up and(dividing by) arrows are only an uncleanness (rijs), the Shayṭan‟s work; shun it therefore that you maybe successful” [al-Māʿida: 90].The command to wash dishes of Ahl Kitāb because they eat pig and drink wine. :: ―O Messenger ofAllah, we live in a land of Jews and Christians, can we use their utensils?” The Prophet said that if youdo not have any other choice, then wash them first. The Majority say that the Prophet told us thisbecause they eat pork and drink wine.It is prohibited in the strictest of terms, hence must be najas. He prohibited transporting it, selling it,etc. therefore, it must be najas. Prophet Muhammad (pbuh) said: "God‟s curse falls on ten groups of people who deal with alcohol. The one who distills it, the one for whom it has been distilled, the one who drinks it, the one who transports it, the one to who it has been brought, the one whom serves it, the one who sells it, the one who utilizes money from it, the one who buys it and the one who buys it for someone else." (Sunan Ibn-I-Majah: 3380).In Jannah, Allah describes wine as, ―And their Lord will give them a ṭahūr drink‖ [al-Insān:21].The wine of Jannah does not intoxicate. Tahur means pure and purifying (highest level of purity).37 | P a g e
  • 38. 9.1.2 Second OpinionThis is the position of very minority throughout our history. Each person who held this opinion is aheavy-weight. Rabi‘a (main teacher of Imam Malik), Al Muzani (main student of Shafi), Dawud AlDhahiri (founder of Dhahiri madhab), As-Sanani (famous scholar from yemen), Ash Shawkani(intellectual descendant of As-Sanani), Siddiq Hassan Khan (founder of ahl al hadith movement—studied under students of Ash Shawkani), Ahmad Shakir of Egypt, and Shaykh Ibn Uthaymee.1. The base ruling is that all things are pure unless explicit evidence otherwise; there is no explicitevidence here. Response to proof 1: rijs means spiritually filthy and not physically filthy. Gambling poker chips are not najas, idols are not physically najas, arrows are not physically najas. Response to proof 2: If you can taste the wine, it is haram to ingest. The two are not the same: not every haram is najas, but it may be haram for you to eat it. Poison is haram but not najas. Response to proof 3: idolatry is prohibited more than drinking alcohol and idols are not najas. Just because something is haram, it does not make it najas. Every najas is haram, but not every haram is najas. Response to proof 4: the wine of Jannah is tahur, and the wine of this world is tahir.2. Action of the Companions in pouring wine into the streets of Madinah. They say that when khamr was prohibited in Madinah, they broke the wine bottles and spilled it into the streets, and people would walk over it for days. Are you allowed to throw najas in the street where people walk? No. If khamr had been najas, would the sahabah have been allowed to discard it where people walk? The very fact they discarded it in the streets and not in the restroom area or the trash area is evidence that the sahabah did not think of alcohol as being najas.Shaykh Yasir prefers going with the majority, but sometimes you have to contextualize. Looking atthe evidences in a neutral matter, those holding the second opinion have a point. This is an opinionthat is being resurrected, and many large Islamic fatwa councils are re-thinking the issue. Wecannot live in the modern world without coming into contact with products with khamr in it. Itappears that khamr is not najas. Thus, anything that has ethanol in it, there is no problem applyingit externally.38 | P a g e
  • 39. 9.2 Related ConcernsHow about ingesting it?Here we follow a number of opinions. 1. Follow the general rule: ―That which intoxicates in large quantities is forbidden in small quantities.” Thus, one teaspoon would make it haram because it si a small quantity. 2. The need and necessity for the product. May medicines in our times have quantities of ethanol in them. There are no alternaƟve someƟmes. Someone said ―we drink alcohol for medicine.‖ The Prophet said ―it is a disease and not a medicine.‖ The hadith does not apply. No one is drinking Robitussin, for example, as khamr, and alcohol is used as a medium for the drug to go from the bottle to your stomach. It is makruh and should be avoided.Can the same ruling be applied to food flavoured with alcohol? If the quantity is insignificant,then we can overlook it (e.g., homeopathy). Those who take and believe in homeopathy take pillsthat have quantities of ethanol in them. You can swallow the entire bottle and nothing will happen,so we can apply the hadith that ―whatever intoxicates in large quanƟƟes is not allowed in smallquantities‖.How about denatured alcohol? Denatured alcohol is one that has been chemically altered suchthat you cannot get high off of it. Therefore, it is not Islamically khamr. Also, pure 100% ethanolused to sterilize equipment is not khamr at all and will blind a person if it is drunk. By and large,small and traces quantities are overlooked. Also, there is laxity in its use in medicines.39 | P a g e
  • 40. 9.3 Chemical Changes or Istihala9.3.1 First Opinion ::Chemical Change does not purify Except in Specific Circumstances Malikis Shafis Hanbalis Exception :: Vinegar & Leather tanning9.3.2 Second Opinion ::A Chemcial Change purifies an impure substance Hanafis Dhahiris Some Malikis Ibn Taymiyya and others9.4 Extremely Small Impurities or Istihlak Small impurities do make a Halal food haram Very miniscule in percentage Not the primary ingredient of the cooking recipe10 Questionable Ingredients Following needs to be verified. All have synthetic and vegetable source, as well animal source. Also what is the percentage of presence in the product. - Mono Glyceroide - Di-Glyceroide - Pectin - Rennet - Whey - Lecithin - Gelatin40 | P a g e