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Partial Halal Menus in Restaurants
Partial Halal Menus in Restaurants
It happens to the best of us. . . A Muslim brother or sister walks into one of the major American Fast Food outlets and orders a vegetarian burrito, pizza, or veggie burger. He/She picks up the order, and sits down to eat. Just as they are about to take a bite from the meal, or after they already start eating, they notice ‘it.’ A pepperoni sausage, piece of meat, or other non-halal ingredient such as oil used to cook non-halal meat has found its way inside of their ‘vegetarian meal.’ What is the person to do? Remove the meat and keep eating or get the meal replaced. Either way, it is not a pretty situation!
This is the challenge Muslims face eating at food establishments which serve non-halal meat products along with halal. There are thousands of halal restaurants in America which have a partial halal menu. Sometimes, one has to ask for the ‘halal’ menu item specifically, or else he/she receives the non-halal version. Some restaurants sell halal products and pork in the same facility.
In all of these situations, the possibility of cross contamination always exists. Workers sometimes do not practice strict hygiene or food preparation guidelines and one cannot supervise the production process at all times at major fast food outlets. It is difficult to maintain strict separation between halal and non-halal food items prepared in the same facility, cooked in the same oil, and stored in the same place. There is no guarantee that the situation described above will not happen to me or you.
A Muslim should not compromise their faith and place their good deeds and worship in jeopardy by frequenting restaurants and establishments which sell non-halal meat products as well. Instead, he/she should do their best to consume 100% halal products at all times which are produced in exclusively halal production facilities. This is the best way to avoid all doubt and preserve one’s spirituality. This completely eliminates the possibility of cross contamination. Therefore, the solution is that Muslims must insist on eating at restaurants which only sell halal meat products verified by a reliable halal organization.
The Halal Advocates of America have initiated a halal verification system known as the Halal Food Standards Alliance of America (HFSAA) and has set halal standards for slaughterhouses, meat stores, and restaurants in America. The Halal Advocates believe strongly in transparency regarding halal processes and being open with the Muslim public. For this reason, the HFSAA halal standards are public information and accessible to all on the Halal Advocates website. One of these standards is that a restaurant must only sell verified halal meat in order to receive halal approval. The purpose of this standard is to promote halal integrity and encourage Muslims to open up their own fast food restaurants which are exclusive devoted to halal. In this way, one can consume their ‘halal’ pizza from the 100% halal restaurant in peace without having to worry about a pepperoni popping up from somewhere!
Can We Just Say Bismillah?
Can We Just Say Bismillah?
One of the most frequent notions encountered in regards to Halal food is the idea that if there is any doubt in the meat, one may just say Bismillah, and their religious obligations are relieved. This is often a result of a misinterpretation of the following authentic hadith narrated by Aisha (RA):
A group of people once said to the Prophet (SAW), “Some people have come to us with meat, and we do not know whether the name of Allah has been mentioned over it or not.” He replied, “You yourselves mention the name of Allah over it and eat.”[1]
Although it is often not included, it is imperative to note that in the authentic narration, Aisha (RA) then says, “They [the ones who offered the meat] had just recently entered Islam.
The great Islamic scholar Ibn Hajar al-Asqalani, the author of perhaps the most prevalent and prominent commentary on the Book of Imam Bukhari, writes in his explanation of this hadith:
Ibn al-Tin states:
“There is no legal burden [upon Muslims] to verify whether Allah’s name has been mentioned if a slaughtering is done by someone other than them and they are ignorant of whether Allah’s name was mentioned or not. The slaughtering is judged unacceptable only if it surfaces with certainty that the slaughterer did not mention Allah’s name. It is also possible that this hadith means that if the meat comes from someone whose slaughtered animal becomes lawful if he does in fact mention the name of Allah, then mentioning His name before eating makes the meat lawful if you do not know whether His name was mentioned at the time of slaughtering. We can gather from this understanding that all meat found in the Muslim markets is judged to be lawful, as is meat slaughtered by Muslim Bedouin Arabs, because for the most part, they know about the requirement of mentioning Allah’s name. Ibn ‘Abd al-Barr has firmly settled on this conclusion.[2]
Two points can be extracted from this commentary:
1) This default ruling applies only to meat slaughtered by Muslims
2) Even if this is extended to meat of “People of the Book”, it is necessary to reflect on the statement, “The slaughtering is judged unacceptable only if it surfaces with certainty that the slaughterer did not mention Allah’s name.” In our current society, nearly 100% of the meat available in the West claimed to be from “People of the Book” does not have the mention of Allah’s name at the slaughtering. Hence, it becomes clear that the ruling of merely saying Bismillah does not apply to our situation in regards to meat available in Western grocery stores, supermarkets, and restaurants.
Sources:
1Sahih al-Bukhari.
2Fath al Bari 9:635-636, As cited by Toft, Amir “The Islamic Laws of Animal Slaughter” pg 66. California: White Thread Press, 2006.
Meat of “The People of the Book”
Meat of “The People of the Book”
A common belief widespread in the West is the notion that the meat regularly available at secular grocery stores, restaurants, and butcher shops is Halal because it falls under the ruling of meat of “Ahlul Kitab,” or “People of the Book.” After all in Surah Ma’idah, Allah the Exalted says,
This verse translates to “And the food of those who were given the Scripture is lawful for you.”1 On this verse, there has been unanimous consensus amongst the scholars that “those given the Scripture” refers to Christians and Jews.
Indisputably, this verse clearly states that meat from “People of the Book” (Christians & Jews) is completely Halal (permissible) for Muslims. However, the connection that needs to be thoroughly examined is, Is meat that is available widely in the West considered meat of “People of the Book”? The following factors need to be examined in order to make this determination:
1) Can one assume that if the majority of constituents of a country are Christians & Jews, then is that country’s meat automatically becomes food of “People of the Book”?
2) For meat considered from “People of the Book”, are there any stipulations upon the slaughterer besides being Christian/Jewish?
An analysis of these two issues below will lead us to gain a further understanding inshaAllah.
1) Certainty of food being from “People of the Book”
The first point can quite thoroughly be answered on the notion of doubt. This will first be addressed from a theoretical perspective, and then at a practical level. If for the time being we assume that there are certain criteria (to be explained in the response to inquiry #2) for the slaughter of “People of the Book”, how much certainty does should be in a Muslim’s mind that the criteria is being mentioned? On this issue, there exist two extremes. One group of individuals claim that if a society has people with Christian names, that is enough to assume that they slaughter their meat in accordance with the necessary criteria. The second extreme claims that one must witness the slaughter of the Christian/Jew in person in order to consider their meat Halal.However, as Allah The Exalted says in Chapter 2, Verse 143:
“Thus we have made you of a Middle Ummah…”
This understanding of Ummatan Wasatan in this context clarifies itself with the following understanding. In regards to hunting, A’diy Ibn Hatim narrates that Rasulullah (SAW) said, “When you send your trained dog and recite the name of Allah, then eat from that which it catches from you and does not itself consume.”2
This hadith clearly stipulates that when hunting, one must mention the name of Allah on the dog, and only then will the dog’s hunt be permissible. The notion of certainty is clearly understood in a rigorously authentic hadith:
A’diy Ibn Hatim narrates that he said, “O Rasulullah, I sent my dog and found another dog with him. I do not know which of the two dogs caught the animal.” Rasulullah said to him, “Don’t eat from this animal because you recited the name of Allah on your animal and you did not recite the name of Allah on the other animal.”3
Additionally, the Messenger of Allah also said:
If you find it [hunting game] drowned in water, do not eat it because you do not know whether the water or your arrow killed.4
The above mentioned series of ahadith clarify that one must have certainty of the slaughter process before rendering it Halal. This similar situation can be applied to our context of slaughter of “People ofthe Book.” After one reflection, one realizes the following tribulations with this argument:
The United States of America is neither a Christian nor a Jewish nation. It was founded strictly on secular notions. In fact, certain current practices of slaughter that render meat Haram are legal in America(death by electrocution, machine slaughter).
There is no certainty that the individuals slaughtering animals are Christians or Jews. A growing portion of the populations are Atheists, Nominal Christians, and Hindus. The scholars have maintained unanimous consensus (ijmaa’) that even if Christians and Jews deviate in their beliefs, they are still considered “People of the Book.” However, a large portion of Americans fall under the category of “nominal Christians” – those whom do not actually believe in God rather only have a Christian name. These individuals are not considered “People of the Book” and hence, their slaughter will be Haram as well.
Due to the strong uncertainty of the mere slaughtered being a true Christian or Jew, there remains no doubt that such meat will be rendered impermissible based on this notion.
2) Stipulations of meat slaughtered by “People of the Book” Once it is confirmed with certainty that the slaughter is a Christian or a Jew, the next question that arises is are there any stipulations upon the actual slaughtering process? In Evidence for Halal, we have extensively covered the actions that need to occur for a slaughter done by a Muslim for it to be considered halal (reciting Bismillah, incision into the veins, etcetera). The question then arises, what conditions must be fulfilled by a Christian or Jewish slaughterer for their meat to be rendered halal?
A common misconception that often arises is the claim that there are no stipulations for the slaughter of a Christian or Jew. The justification for this is often that Allah The Exalted solely says “And the food of those who were given the Scripture is lawful for you”5 and does not state that the Christian or Jew must do anything else. However, there exists a great fault in this reasoning to the extent that no scholar over the past 1400 years has agreed with this notion. The primary issue is:
The actual word used in this ayat is ????, which literally translates to “food.” For centuries, scholars have maintained consensus that this refers specifically to ‘properly slaughtered meat’ (Dhabihah). This was the understanding of the Sahaba (Companions) and the Tabi’een (Followers of the Companions). In Maariful Quran, it is reported that, “this is what has been reported by Abdullah ibn Abbas, Abu ad-Darda, Ibrahim, Qatadah, al-Suddi, Dhahhak, and Mujahid, May Allah be Pleased with them.”6 If a Christian or Jew was to prepare food with pork (?????) would any Muslim consider it permissible because it is food from “People of the Book”? If a Christian or Jew prepares food with wine (???) would any Muslim consider that permissible because it’s made by “People of the Book”?
In Evidence for Halal, it is highlighted how Allah has irrefutably declared dead animals, blood, animals killed by strangulation or a headlong fall among other situations explicitly Haram. However, if someone from “People of the Book” slaughtered an animal that had died from strangulation, would anyone consider that Halal for Muslims?
In Evidence for Halal, we highlight the requirement of the recitation of the name of Allah during slaughter according to the majority of scholars. For brevity’s sake, only one proof is mentioned here. The reader is asked to keep this stipulation in mind while contemplating this article.
“Eat not of (meats) on which Allah’s name has not been pronounced: that would be transgression.”7
As the above-mentioned makes it clear, merely being from “People of the Book,” does not make the food exempt from all other stipulations Allah The Exalted has revealed. Rather, the unanimous consensus of the scholars throughout the past 1400 years has remained that the slaughterer being a Christian or a Jew is a substitution of the mandate of a Muslim slaughterer; however, the remaining stipulations still apply.
The great 14th century scholar Ibn Kathir writes in perhaps the most renowned and prominent commentary of the Quran, “All scholars are unanimous that the animals slaughtered by the ‘People of the Book’ are lawful for Muslims because the ‘People of the Book’ consider animals slaughtered for gods other than Allah to be unlawful and they only mention the name of Allah at the time of slaughter despite the fact that they hold incorrect beliefs regarding Allah.”8
On a practical level, countless accounts of slaughterhouses in America and across the world have been documented by independent organizations and scholars that indicate that current Western slaughterhouses are in several violations of Islamic Law of Halal, including:
Mechanical Slaughter (see our article here for the problem with this method)
Lack of pronouncement of Allah’s name per animal at time of slaughter
Death of animal by electrocution/blow (explicitly Haram, as shown above)
With this extensive research in mind, one has no option but to render such meat as impermissible, as they violate all mandates of the Quran of permissible meat.
If Muslims are to bring about change, they must stand confidently united on such basic issues. Only through a firm and unified voice will Muslims be able to modify the current industry to comply with Halal standards.
Sources:
1Quran, Chapter 5, Verse 5
2Sahih Bukhari, Hadith Number 5487
3Sahih Bukhari, Hadith Number 5486
4Sahih Muslim. As cited by: Toft, Amir. “The Islamic Laws of Animal Slaughter” California: White Thread Press, 2006.
5Quran, Chapter 5, Verse 5
6Ruh al-Ma’ani and al-Jassas. As cited by: Uthmani, Shafi. “Ma’ariful Quran” Volume 3, page 61.
7Quran, Chapter 6, Verse 121
8Tafsir Ibn Kathir (Vol. 2, pg. 19). As cited by Abdullah, Nana. “Legal Rulings on Slaughtered Animals” Karachi: Maktaba-e-Darul-‘Uloom, 1998.
The Ambiguity of Meat in America – Thoughts from Scholars
The Ambiguity of Meat in America – Thoughts from Scholars
Shaykh Abdul Aziz aal ash-Shaykh (Current Grand Mufti of Saudi Arabia)
As the Grand Mufti of Saudi Arabia, he also serves as the Head of the Permanent Committee for Islamic Research. When asked about the ruling on meat slaughtered in a country mixed with “Christians, idol-worshippers, and ignorant Muslims” and the uncertainty if the name was Allah was pronounced, he replied,
Praise be to Allaah. If the matter is as described, with the meat being slaughtered by a mixture of people that includes people of the Book, idol-worshippers and ignorant Muslims, and you cannot tell who has slaughtered what and it is not known whether the name of Allaah was mentioned at the time of slaughter or not, then it is haraam to eat the meat when you are confused about who did the slaughtering, because the basic principle is that animals of the an’aam class (i.e., camels, cattle, sheep and goats), and animals that come under the same rulings, are haraam unless they are slaughtered in the proper manner as prescribed in sharee’ah. In this case there is doubt as to whether the slaughtering is done in the proper shar’i manner or not, because of the mixture of slaughterers, some of whose meat is permissible and some is not permissible – such as the idol-worshippers and innovators among the ignorant Muslims whose bid’ah involves shirk.
Al-Lajnah al-Daa’imah, 22/450-451.1
Shaykh Muhammad Nasiruddin al-Albaani
When asked about the permissibility of asking the host about their food and drink, he replied,
Praise be to Allaah.
It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When any one of you enters upon his Muslim brother and he offers him food, let him eat from his food and not ask about it. And if he offers him something to drink, let him drink what he offers and not ask about it.”
(Narrated by Ahmad, 8933).
The Shaykh commented:
The apparent meaning is that this hadeeth is to be interpreted as referring to a case where a person thinks it most likely that his Muslim brother’s wealth is halaal and that he avoids forbidden things. Otherwise it is permissible, indeed obligatory, to ask, as in the case of some Muslims who have settled in kaafir countries. In their case and in similar cases, we have to ask them about their meat, for example whether it is killed (by non-halaal methods) or slaughtered (according to sharee’ah).
Al-Silsilah al-Saheehah, Hadeeth 627.2
Shaykh Muhammed Salih Al-Munajjid
When asked about the meat of “People of the Book,” he replied,
The scholars agree unanimously that it is permissible to eat the meat of the People of the Book, Jews and Christians, if the name of Allaah is mentioned at the time of slaughter, as Allaah says (interpretation of the meaning): “Eat not of that (meat) on which Allaah’s Name has not been pronounced (at the time of slaughtering of the animal)…” [al-An’aam 6:121].
It is also a condition that the meat should be slaughtered in the manner prescribed by sharee’ah. If it is known that the slaughter was not done in the proper Islamic manner, e.g., by strangulation or electric shock and so on, then it is haraam.3
Shaykh Saalih Al-Fawzaan
Member of Permanent Committee for Islamic Research & Fatawaa
In providing the evidence for the requirement of tasmiyah (reciting the name of Allah) both for “People of the Book” (Christians & Jews) as well as Muslims, he quotes Imam Ibnul-Qayyim,
“Moreover the aforementioned noble verse indicates that the slaughtered animal is not lawful to be eaten if the Name of Allah is not mentioned when slaughtering it, even if the slaughter is a Muslim.” 4
Shaykh Muhammad ibn Adam
Author, Director of the Institute of Islamic Jurisprudence (Darul Iftaa), England.
When asked about the meat commonly sold in Western stores, he replied,
Then there is another aspect to this issue, which is that, many people in the West claim to be Christians. This claim is not true insofar as they do not firmly believe in God, a revealed book, and a prophet, regardless of the nature of their beliefs in these matters. Rather, they are often Christians only by name and do not actually believe in any religion. Thus, they cannot be termed People of the Book. They are atheists and it is not permissible to consume the animal slaughtered by them, by scholarly consensus.
In conclusion, the meat sold in western supermarkets or served by Christians will be unlawful as they generally do not fulfill the conditions of a valid slaughtering and that they are usually not true Christians.5
Shaykh Abdul Aziz Bin Baz
Former Grand Mufti of Saudi Arabia, Former President of the Permanent Committees of Religious Research and Ifta.
When asked specifically about the meat in America, he replied,
If the region where the meat mentioned is found has only People of the Book, namely Jews and Christians, then their meat is halaal, even if it is not known how they slaughtered it, because the basic principle is that meat slaughtered by them is halaal, because Allaah says (interpretation of the meaning):
“Made lawful to you this day are At?Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them” [al-Maa’idah 5:5].
If there are other kaafirs in the region, then do not eat it, because that means there is doubt as to whether it is halaal or haraam. Similarly if you know that those who sell these meats slaughter the animals in a way that is different from the shar’i method, such as strangling or electric shock, then do not eat it, whether the one who slaughtered it is a Muslim or a kaafir, because Allaah says:
“Forbidden to you (for food) are: Al?Maitah (the dead animals — cattle — beast not slaughtered), blood, the flesh of swine, and that on which Allaah’s Name has not been mentioned while slaughtering (that which has been slaughtered as a sacrifice for others than Allaah, or has been slaughtered for idols) and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns — and that which has been (partly) eaten by a wild animal — unless you are able to slaughter it (before its death)” [al-Maa’idah 5:3].
Majmoo’ Fataawa Ibn Baaz, 23/20.6
Sources:
1 http://islamqa.com/en/ref/12569/slaughter.
2As quoted by Sheikh Muhammed Salih Al-Munajjid, http://www.islam-qa.com/en/ref/21661/meat.
3http://islamqa.com/en/ref/3261/people%20of%20the%20book.
4Fawzan, Salih, Dr. “A Summary of Islamic Jurisprudence Volume II” pg. 664.
5http://www.daruliftaa.com/question.asp?txt_QuestionID=q-14415786.
6http://www.islam-qa.com/en/ref/127959/slaughter.
Academic Discussion of Mechanical Slaughter
Academic Discussion of Mechanical Slaughter
Slaughtering animals mechanically is becoming a widespread phenomenon in many abattoirs, plants and firms in a number of countries. The idea and objective behind slaughtering animals mechanically rather than manually is to speed up the process of slaughter, thus cater for a mass production.
There are many methods of slaughtering the chickens mechanically. In some major plants, one machine takes care of all the stages of slaughter and production, in that the chickens enter the machine from side alive and exit from the other with all the stages of slaughtering, removing of the feathers, cleaning, cutting into pieces, packaging, etc being taken care of by this colossal electrical appliance.
Normally, chickens are transported to the place of slaughter through a conveyer belt on which the chickens are hanged upside down with its legs tied to the hooks on the conveyer. These chickens, after passing through extremely cold water, arrive at the place where a gyratory blade or knife cuts the chickens. Thereafter, the chickens move along to the other stages of cleaning, cutting, packaging, etc.
In some plants, a Muslim pronounces the name of Allah Most High (tasmiyah) before switching the machine on which caters for the slaughtering of thousands of chickens. In other places, two Muslims stand at each of the two production lines. One pronounces the name of Allah (tasmiyah) during the slaughter process, while the other makes sure that the machine has missed no chicken. A fifth “spare” stands-by to cover breaks, lunches, and prayer. At times, each line slaughters up to 140 chickens per minute or 8400 chickens per hour.
To understand the Shariah ruling with regards to machine-slaughter, one must remember that, for an animal to be considered Islamically lawful (Halal), there are basically three conditions.
a) Most of the four veins (including the Jugular vein, according to some) must be cut with a knife, blade or any tool that is sharp and has a cutting edge;
b) The name of Allah must be pronounced at the time of slaughtering, whether actually or effectively (such as when it is forgotten by someone who would normally have said it);
c) The slaughterer must be either a Muslim or from the People of the Book (Ahl al-Kitab). (See: al-Haskafi and Ibn Abidin in Radd al-Muhtar ala al-Durr al-Mukhtar)
It should be also remembered here that all these conditions are necessary individually and separately. Failure to fulfil them will render the animal unlawful.
Condition (b), which is to pronounce the name of Allah, has a great bearing on the issue of machine-slaughter, thus it is imperative that we understand it in great depth and detail.
Some people argue that pronouncing the name of Allah (tasmiyah) is not a pre-requisite in order for the animal to be Halal, rather it is merely something that is Sunnah.
This understanding is incorrect due to various reasons:
Firstly, the Qur’an is quite clear with regards to the obligation of pronouncing the name of Allah (tasmiyah). Allah Most High says:
“Eat not of (meats) over which Allah’s name has not been pronounced. That would be sinful (fisq).” (Surah al-An’am, 121)
This verse quite clearly mentions the necessity of pronouncing the name of Allah Most High without any ambiguity or doubt. And Allah did not just suffice on this command, rather followed it up by saying “that would be sinful (fisq)” removing any doubt that Tasmiyah may not be necessary.
Similarly, Allah Most High says:
“They ask you what is lawful for 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 Allah. Eat what they catch for you and pronounce the name of Allah over it.” (Surah al-Ma’idah, V.4)
And:
“Why should you not eat of (meats) on which Allah’s name has been pronounced?” (Surah al-An’am, V. 119)
And:
And there are cattle on which, (at slaughter), they do not pronounce the name of Allah, a fabrication against Him. Soon He will requite them for what they have been fabricating.” (Surah al-An’am, 138)
This verse is also quite stern on the necessity of pronouncing the name of Allah Almighty. So much so that Allah called the non-pronouncement of his name, a fabrication against Him.
There are many other verses also that clearly and categorically illustrate that pronouncing the name of Allah Almighty at the time of slaughtering an animal is an absolute necessity and a fundamental ingredient to a valid slaughter.
Secondly, there are many narrations of the Messenger of Allah (Allah bless him & give him peace) that also show the importance of pronouncing the name of Allah Most High.
Jundub ibn Sufyan al-Bajali (Allah be pleased with him) narrates that: “Once we offered some animals as sacrifice with the Messenger of Allah (Allah bless him & give him peace). Some people slaughtered their sacrifices before the Eid prayer. When the Messenger of Allah (Allah bless him & give him peace) completed his prayer, he saw that they had slaughtered before the prayer, so he said: “Whoever slaughtered before the prayer, should slaughter another animal (sacrifice) in place of it, and those who did not slaughter until we prayed, should slaughter by pronouncing the name of Allah.” (Sahih al-Bukhari, no. 5500)
Rafi’ ibn Khadij (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “if the killing tool causes the blood to gush out, and the name of Allah is pronounced, then eat (of the slaughtered animal).” (Sahih al-Bukhari, no. 5498)
Adi ibn Hatim (Allah be pleased with him) narrates that he said: “O Messenger of Allah! At times, I let go of my hunting dog but I find with it another dog and I am unaware which of the two hunted the animal? The Messenger of Allah (Allah bless him & give him peace) said: “Don’t eat (from the hunted animal), for you have pronounced the name of Allah on your dog and not on the other.” (Sahih al-Bukhari, no 5486)
There are many other rigorously authenticated narrations of the Messenger of Allah (Allah bless him & give him peace) that signify the importance and necessity of pronouncing the name of Allah at the time of slaughter.
Thirdly, almost all the Islamic jurists (fuqaha) are of the view that pronouncing the name of Allah is a pre-requisite for an animal to be considered Halal. The only exception is the situation when one forgets to pronounce the name of Allah Most High.
Imam al-Haskafi (Allah have mercy on him) from the Hanafi school states:
“An animal slaughtered (zabiha) by other than someone from the people of the book (ahl al-Kitab), such as a fire-worshipper, idol-worshipper, etc will not be Halal…Similarly, the animal on which the name of Allah was not pronounced intentionally (will be haram)…However, if it was left out due to forgetfulness, it would be Halal.”
The great Hanafi jurist, Allamah Ibn Abidin (Allah have mercy on him) explains the above by stating:
“Meaning a slaughtered animal will not be lawful to consume (halal) if the name of Allah was intentionally not pronounced whether the slaughterer was a Muslim or from the people of the book (kitabi), because of the (clear) text of the Qur’an and the consensus (ijma) of all the scholars.” (See: Radd al-Muhtar ala al-Durr, 5/298-299)
In the Maliki Madhab, it is stated in Sharh al-Kabir of al-Darder:
“Pronouncing the name of Allah (tasmiyah) is necessary at the time of slaughtering the animal or sending for hunting if one remembers and is capable of doing so. Thus, it is not necessary for a person who forgets, neither on a person who is dumb and neither on the one who is forced to not pronounce it (mukrah).”
Imam al-Dasuqi (also a major Maliki jurist) explains the above by stating:
“The meaning of the Qur’anic verse: “Eat not of (meats) over which Allah’s name has not been pronounced” is that on which the name of Allah was not pronounced intentionally with having capability of doing so. However, if Allah’s name was not pronounced due to forgetfulness or incapability, then the animal would be lawful (halal). An individual ignorant of the ruling (jahil) will be treated in the same manner as the one who deliberately and intentionally does not pronounce the name of Allah (a’mid).” (See: Hashiyat al-Dasuqi ala al-Sharh al-Kabir, 2/167-168)
From the Hanbali Madhhab, Imam al-Bahuti (Allah have mercy on him) states:
“If the slaughterer fails to pronounce the name of Allah deliberately (amadan) or ignorantly (jahlan), the animal will not be lawful (Halal), due to the statement of Allah Most High: “Eat not of (meats) over which Allah’s name has not been pronounced”. However, if he failed to pronounce the name of Allah forgetfully, then it would be lawful (halal) to consume from the animal, due to the Hadith of Shaddad ibn Sa’id wherein the Messenger of Allah (Allah bless him & give him peace) said: “The Zabiha of a Muslim is Halal even if he does not pronounce the name of Allah as long as it is not left out deliberately, narrated by Sa’id.” (Kashaf al-Qina’ ala Matn al-Iqna, 5/181)
As far as Imam Shafi’i (Allah have mercy on him) is concerned, it is usually related from him that the animal will be lawful to consume even when one does not pronounce the name of Allah intentionally, and that to pronounce the name of Allah is merely a Sunnah.
However, the great contemporary jurist, Shaykh Mufti Taqi Usmani (may Allah preserve him) discusses the viewpoint of Imam Shafi’i (Allah have mercy on him) in his Arabic treatise “Ahkam al-Dhaba’ih” concluding that this is only when it occurs infrequently. If a habit is made of not pronouncing the name of Allah due to negligence and taking the matter lightly, the animal would not be lawful according to the Shafi’i school also.
Shaykh Taqi Usmani (may Allah preserve him) states:
“It appears by looking into the book “al-Umm” of Imam Shafi’i that he did not explicitly mention the lawfulness of the animal on which the name of Allah is not pronounced, rather he only stated that the animal on which the name of Allah was not pronounced forgetfully would be lawful (halal). The text of Imam Shafi’i (Allah have mercy on him) is as follows:
“When a Muslim sends his (hunting) dog or bird, both of which are trained (to hunt), I would prefer that he pronounces the name of Allah. If he did not pronounce the name of Allah forgetfully, and the animal was hunted, then it would be Halal to consume from it….” (Kitab al-Umm, 2/227)
Further along, Imam Shafi’i (Allah have mercy on him) clearly states that the one who does not pronounce the name of Allah by taking the matter lightly, then the animal slaughtered by him would not be lawful. He states:
“If a Muslim forgets to pronounce the name of Allah Most High, the slaughtered animal is Halal to consume. However, if he did not pronounce the name of Allah by taking the matter lightly (istikhfafan), then the slaughtered animal will not be lawful to consume.” (al-Umm, 2/131, Bab Zaba’ih ahl al-Kitab)
These texts of Imam Shafi’i quite clearly illustrate that the Shafi’i school does not give a general permissibility of consuming from animals on which the name of Allah was not pronounced intentionally, rather, the slaughtered animal will be unlawful (haram) in the Shafi’i Madhhab also if the name of Allah (tasmiyah) was not pronounced due to being negligent or taking the matter casually and lightly, and that one makes this a habit.
The upshot of all of this, is that the ruling of permissibility (of animals on which the name of Allah was not pronounced, even intentionally) according to Imam Shafi’i (Allah have mercy on him) is only restricted to the situation where one leaves the Tasmiyah once or twice by coincidence, and not due to being neglectful or taking the matter casually. And even in that situation, it will be disliked (makruh) to consume from the animal, for Imam Shaf’i stated:
“I would prefer that he pronounces the name of Allah”, thus the Shafi’i fuqaha have clearly mentioned that if one does not pronounce the name of Allah intentionally, it will be Makruh and one will be sinful for doing this. (See: Buhuth fi Qadhaya Fiqhiyya Mu’asara, p. 393-394)
It becomes clear from the above that, if the name of Allah (tasmiya) was not pronounced on an animal intentionally and deliberately, then the slaughtered animal will be unlawful (Haram) without doubt according to the Hanafi, Maliki and Hanbali schools of Islamic sacred law. It will also be unlawful (Haram) to consume it according to the Shafi’i school if it was not pronounced due to negligence and forming a habit of it. However, if the name of Allah was not pronounced once in a while, then (according to the Shafi’i school) despite this act being Makruh and sinful, it will not be Haram to consume from the animal.
Some people try to justify the lawfulness of the animals on which the name of Allah was not pronounced (even intentionally) with the following Hadith recorded by Imam al-Bukhari in his Sahih:
Sayyida A’isha (Allah be pleased with her) narrates that a group of people said to the Messenger of Allah (Allah bless him & give him peace): “Some people bring us meat and we do not know whether the name of Allah was pronounced over it or not.” He (Allah bless him & give him peace) said, “You pronounce the name of Allah on it and eat from it.” A’isha (Allah be pleased with her) states: “Those people had embraced Islam recently.” (Sahih al-Bukhari, no. 5507)
However, their claim can not be substantiated with the above narration, for this Hadith is merely implying that if a Muslim was to foreword you some meat, then one should assume that the name of Allah was pronounced thus it is Halal. One should have a good opinion regarding fellow Muslims. This is the reason why Sayyida A’isha (Allah be pleased with her) stated that these people had embraced Islam recently, thus there may be doubt in the meat slaughtered by them. However, the Messenger of Allah (Allah bless him & give him peace) commanded that one should regard a Muslim to have fulfilled the requirements of a valid and lawful slaughter even if he has newly embraced Islam.
The above Hadith has nothing whatsoever to do with the situation where one is positive and sure that the name of Allah was not pronounced intentionally. Thus, if one was aware that Tasmiyah did not take place, the animal would be unlawful.
In conclusion, the Hadith is referring to the situation where one has not seen the animal being slaughtered with his naked eye (as is the case with most of us), thus has to rely on the word of the one who is selling him. If there is no reason to doubt him, one may purchase the meat and eat of it. The Hadith is not referring to the situation where one knows for certain that the name of Allah was not pronounced at the time of slaughter. The difference between the two situations is quite clear and apparent.
Having understood the importance of pronouncing the name of Allah (tasmiyah) at the time of slaughtering animals, we once again return to our discussion on machine-slaughter. There are few points that need to be taken into consideration here:
Firstly, the machines have a blade that keeps turning round like a rotating hand mill or grinder. This blade is quite sharp and moves very rapidly, and the necks of the chickens and birds (that are hanged upside down) pass on it with the veins being instantly cut. If that is the case, then there is nothing wrong (in this issue) from a Shariah perspective.
If the blade was so sharp that it was to totally cut off and separate the head of the bird from the rest of its body, then despite this act being disliked (makruh), the animal would remain lawful (Halal).
It is stated in the famous Hanafi fiqh work, al-Hidaya:
“If one reached the spinal marrow (nukha’) with the knife or cut off the whole head, the act will be Makruh, although it will be permissible to consume from the animal.” (al-Marghinani, al-Hidaya, 2/438)
However, at times it is possible that the bird moves due to some reason when passing by the blade, thus the neck and veins may not be completely cut or may be cut but only slightly leaving doubt whether the veins that must be cut in order for the animal to be lawful have been cut or otherwise. If that is the case, then the animal would be unlawful.
Therefore, one needs to be assured whether the veins of all the birds and chickens are slit in a proper manner. If this can not be assured, then it would not be permissible to use these machines or one must use something that guarantees the cutting of veins properly.
The second (and fundamental) issue here is of pronouncing the name of Allah Most High (tasmiyah). There are few scenarios:
As you may be aware that the machine does not slaughter all the birds at once, rather the birds are slaughtered one after the other. Thus, if a Muslim was to pronounce the name of Allah and switch on the machine, then the first bird that is slaughtered may be Halal but the rest would remain unlawful, for it is a condition that each animal individually has the name of Allah pronounced over it. Yes, if some animals or birds were slaughtered simultaneously, then one pronouncement would be sufficient.
The verse of the Qur’an quoted earlier where Allah Most High says: “Eat not of (meats/animals) over which Allah’s name has not been pronounced. That would be sinful (fisq)” indicates that each animal separately must have the name of Allah pronounced over it.
Imam al-Haskafi (Allah have mercy on him) states:
“The condition (for an animal to be Halal) is that the animal is slaughtered straight after the pronouncement of Allah’s name (tasmiyah) before one begins doing something else (tabaddul al-majlis). So much so that if a person laid down two sheeps, one over the other, and slaughtered them simultaneously with pronouncing the name of Allah once, then they will both be Halal, contrary to the situation where one slaughters them one after the other (m, in that only the first will be Halal). The reason behind this is that the repetition of the act (m, meaning the act of slaughtering) necessitates repetition of Tasmiyah.” (See: Radd al-Muhtar ala al- Durr al-Mukhtar, 6/402)
The same has also been mentioned in the other fiqh schools. See for the Hanbali school: Ibn Qudama, al-Mugni (11/33), and for the Maliki school: Muwaq al-Maliki, al-Taj wal Iklil (3/219).
Moreover, the jurists (fuqaha) have mentioned that the animal must be slaughtered straight after the pronouncement of the name of Allah without having a considerable delay.
Imam al-Haskafi (Allah have mercy on him) states:
“If the slaughterer pronounces the name of Allah then engages in eating or drinking something, and then slaughters the animal, in such a case, if the period was considerably lengthy, it will be unlawful to consume the meat. However, if the period was not that long, it would be Halal. And “being long” is what an onlooker would regard it to be a considerable time.” (Durr al-Mukhtar with Radd, 6/302)
Ibn Qudama, the great Hanbali jurist, states:
“If a person laid down the sheep in order to slaughter it and pronounced the name of Allah, thereafter put the knife down and picked up another knife or replied to a greeting (salam) or spoke to someone, etc, and then slaughtered the animal, it will be Halal to consume it. The reason being is that he recited the Tasmiyah for that particular animal without separating the Tasmiyah and slaughter with a considerable time. Thus, it is as though he did not speak.” (al-Mugni, 11/33)
In conclusion, the majority of the jurists (fuqaha) have stipulated that the pronouncement of Allah’s name (tasmiyah) must be on each and every individual animal, and that there should not be a major separation between the Tasmiyah and slaughter.
As such, pronouncing the name of Allah Most High when switching the machine on will not render all the chickens to be lawful (Halal). The reason being is that the one who pronounced the name of Allah the first time did not pronounce it on each and every individual animal, and secondly, there is a separation of hours or even a whole day (in some cases) between the pronouncement and the slaughter of thousands of chickens, both of which are not acceptable in order for the animal to be considered legally Halal.
The second scenario here is that a Muslim stands close to the blade in the appliance and pronounces the name of Allah Most High when the chickens come close to the blade and are slaughtered. This also has many problems from an Islamic perspective.
Firstly, it is a condition that the name of Allah is pronounced by the one who is slaughtering the animal. However, in the mentioned scenario, the one standing next to the blade has nothing to do whatsoever with the chicken. He did not switch the machine on, neither did he turn the blade nor moved the chicken towards the blade. He is merely like an individual who was passing by a slaughterer who was slaughtering his animal. There is no connection whatsoever. Suppose he did pronounce the name of Allah and another person pronounced the name of other than Allah, then to whom will the slaughter of the animal be attributed to?
Secondly, there are thousands of chickens that are slaughtered in the machine, thus it is impossible that the name of Allah is pronounced on each and every individual bird. The one who is blessing the chicken must not move for even one moment or take his eye of the machine, for if he failed to pronounce the name of Allah on even one chicken, it will become unlawful (Haram). Even if he did take all reasonable measures to pronounce the name of Allah on every chicken, it is virtually impossible, given the magnitude of chickens that are slaughtered.
In light of the above, it is very difficult to say that birds and chickens that are slaughtered mechanically are lawful (Halal), whether one pronounces the name of Allah when switching on the machine or whether there are individuals who pronounce the name of Allah when the chickens come close to the blade in the machine.
Some people argue that “Islamically there is no difference between hand-slaughter and machine slaughter” thus, one should not insist on the chickens to be slaughtered manually.
However, the question here is not of hand-slaughter and machine-slaughter, rather, the issue here is of fulfilling the Shariah requirements with regards to a valid slaughter. If the conditions for a valid slaughter are fulfilled (regardless of whether it is hand-slaughter or machine-slaughter), the animal would be lawful (Halal) to consume. However, if these conditions are not fulfilled, it will render the animal unlawful (Haram). If these conditions were not fulfilled in hand-slaughter, even then the animal will become unlawful. It is not a case of favouring one over the other.
Internationally renowned scholar, Shaykh justice Mufti Muhammad Taqi Usmani (may Allah preserve him) has mentioned the solution to this problem in his Arabic treatise Ahkam al-Zaba’ih and in his English book Contemporary Fatawa: He states:
“The only solution to this problem is that instead of one person, three Muslims be employed to cut the throats of chicken manually. They can slaughter the hanging chicken, alternatively. The speed of the machine need not be slowed down, nor does the production need to be reduced. Each one of these three persons will cut the throats of chickens by pronouncing the name of Allah”.
This procedure has been practised in a number of countries where the objective of mass production was never harmed or adversely affected. In the same Maple Lodge Slaughter House, we had seen a number of jobs being done manually by persons standing by the railing on which the chickens pass continuously. The same method can easily be applied at the stage of slaughtering also. This will require only two or three more persons to be employed which should never be a problem for such a big firm….If this objective is achieved, one should not insist on it being manual or mechanical.
In the way I have suggested, all the process of the mechanical production will remain as it is. The only act to be done manually is the act of cutting the throat without slowing down the machine. You can see that the separation of liver and some other parts of chicken is still being done manually, while it does not in any way, slow down the process. The same method is suggested for cutting the throat also.” (Contemporary Fatawa, p.288-289)
In conclusion, there is no justification of machine-slaughtered chicken, neither is there a great need for it. As Shaykh Taqi has pointed out that, many firms have employed the method suggested by him and that it did not have an affect on mass production. Given this and all the other proofs outlined above, it will not be permissible to mechanically slaughter chickens where the necessary conditions are not fulfilled. However, if they are fulfilled, then the animal would be lawful (Halal) to consume.
Finally, one must remember that machine-slaughter is a new phenomenon created by the rapid progress in modern technology. Thus, it is obvious that it is impossible for one to find express rulings with regards to it in the classical sources of Islamic jurisprudence. Its ruling can only be derived from the general principles and guidelines set down in the Qur’an, Sunnah and the classical works of Islamic jurisprudence. Thus, they may be some differences of opinion with regards to this issue and we respect the opinion of other scholars. However, the above is what I have understood from my teachers, especially Shaykh Mufti Taqi Usmani, upon whose Arabic work (Ahkam al-Zaba’ih) this article is primarily based.
One must also remember that this is a very important issue for a Muslim. Consuming Halal food is one of the most important things for a believer, for it has a bearing on all the other worships religious obligations.
Allah Most High says:
“O people! Eat of what is in the earth, Halal and Pure, and do not follow the footsteps of Satan. Indeed, for you he is an open enemy.” (Surah al-Baqarah, 168)
Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Allah the Almighty is pure and accepts only that which is pure. Allah has commanded the faithful to do that which he commanded the Messengers, and the Almighty has said: “O Messengers! Eat of the pure things and do right”. And Allah the Almighty has said: “O you who believe! Eat of the pure things We have provided you.” Then he (Allah bless him & give him peace) mentioned (the case of) a man who, having journeyed far, is dishevelled and dusty and who spreads out his hands to the heavens (saying): “O Lord! O Lord!” —while his food is unlawful, his drink unlawful, his clothing unlawful, and he is nourished unlawfully, so how can he be answered!” (Sahih Muslim)
Thus, the food we eat has a direct effect on us. It is the primary thing that needs to be considered by a Muslim. Supplications (dua) are not accepted due to consuming unlawful food. Hence, a Muslim should abstain from that which is doubtful also.
One should also remember that, originally all things are permissible unless proven to be unlawful (al-Asl fi al-Ashya al-Ibaha), however, the case with meat is different, in that it is unlawful until proven to be Halal.
The proof on this is the narration of Adi ibn Hatim (Allah be pleased with him) already quoted where he said to the Messenger of Allah (Allah bless him & give him peace): “O Messenger of Allah! At times, I let go of my hunting dog but I find with it another dog and I am unaware which of the two hunted the animal? The Messenger of Allah (Allah bless him & give him peace) said: “Don’t eat (from the hunted animal), for you have pronounced the name of Allah on your dog and not on the other.” (Sahih al-Bukhari, no 5486)
This Hadith clearly indicates that when there is doubt in the animal being Halal, it will be unlawful to consume it, which signifies that meat is originally unlawful (hurmah) until proven to be Halal. Had it been originally Halal, the Messenger of Allah (Allah bless him & give him peace) would not have ordered Adi (Allah be pleased with him) to abstain from consuming it.
This also serves as an answer to those who state that the organization certifying products as “Halal” is responsible, and thus, any sins for eating the chickens will go to the certifying organization. It is the responsibility of every individual that he/she investigates the authenticity of such statements and then consumes the meat.
Moreover, if one did that which was in one’s capacity (i.e. investigating), and the meat was Haram, then although the sin for consuming Haram meat may not be committed but the effects of eating Harm will still remain. This effect, as stated previously, will have its toll on one’s worship, Dua, and on life in general.
May Allah Most High guide us all to the straight path and keep us far away from unlawful and doubtful food, Ameen.
And Allah knows best
The following is an excerpt from an article written by Shaykh Muhammad ibn Adam on mechanical slaughter.http://www.halalmc.net/resources/mechanical_slaughter_fatwas/002_m_muhammad_ibn_adam.html
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