An In-Depth Look at Zabiha
There are special requirements for the meat to be
halal. Tasmiyah is the most important of them.
By Mufti Ebrahim Desai
Posted: 18 Safar 1422, 12 May 2001
Almighty Allah Ta'ala in His infinite Mercy has made certain animals halal
(permissible) for this Ummah. We are required to be thankful to Him by following the
dictates of the Qur'an and Sunnah by ensuring that His name is taken upon slaughtering of
the animal. Allah Ta'ala states in the noble Qur'an:
- “For every nation We have specified a rite (for slaughtering) so that they may take
the name of Allah Ta'ala upon (the slaughter of) the animals granted to them as
sustenance.” (Al-Hajj 22:34)
- “And consume not of that whereupon the name of Allah Ta'ala was omitted (at the
time of slaughter). Indeed it is a transgression. Verily the Shayateen inspire their
friends to cause division with you. If you obey them, you are indeed Mushriks (ascribing
partners to Allah).” (Al-An'am 6:121)
- “So take the name of Allah upon them (at the time of slaughter) while they stand in
rows.” (Al-Hajj 22:36). In reference to Camels which are slaughtered by Nahr (a swift
stab of the neck which severs the four arteries) while standing.
- “…and such animals upon which they mention not the name of Allah only to
fabricate a lie against him.” (Al-An'am 6:138)
- “Forbidden to you are Maytah (carrion), flowing blood, the flesh of swine and that
slaughtered for other than Allah as well as the (animal) expiring by strangulation,
illness or pain, falling (from a height), by a wound (sustained through fighting) and by
falling to a predator and (about to be consumed), excepting those (animals) upon which you
effect Zakah (Shar'ee slaughter).” (Al-Maidah 5:3)
From the above verses the following points are understood:
- Meat is not in the same category as other food items.
- The most important condition is that tasmiyah (pronouncing the name of Allah) be
performed at the time of slaughter. The verses clearly explain the impermissibility of the
meat of those animals whose slaughter was not preceded by tasmiyah.
- The impermissibility of the meat of those animals whose lives were ended by means other
than Zabah (Shar'ee slaughter) of which tasmiyah is a condition. All such animals
are Maytah (carrion) and are expressly forbidden.
- The Zabiha (animal slaughtered) by a Kafir (non-believer) or Mushrik (polytheist) is haram
(unlawful). However, those Ahlul Kitaab (People of the Book) who also believed in the
requirement of tasmiyah at the time of slaughter have been excluded from the
Kuffaar majority.
- The verse number 121 of Al-An'am explains consumption of meat not slaughtered with tasmiyah
as fisq - transgression and disobedience. The verse then explains that to regard
consumption of such meat as halal is nothing but a teaching of Shaytaan to cause
division among the Ummah. The verse also warns that obedience of Shaytaan in this matter
is akin to Shirk (ascribing partners to Allah).
Imam Bukhari has quoted this same verse in his magnum opus under the chapter,
“Intentional Omission of the tasmiyah at the Time of Slaughter” to the
same import as explained by Hafiz ibn Hajar, the renowned commentator of Sahih Bukhari in
the following words:
“Imam Bukhari (RA) wishes to point out by citing this verse the reproach against
using it as proof to legalize omission of tasmiyah by inventing baseless
interpretations of the verse and understanding it in a manner contrary to clear
import.” (Fathul Bari vol.9 pg.778; Qadeemi)
Intentional Omission of Tasmiyah
The Jurists (Fuqahaa) have unanimously agreed that consumption of an animal slaughtered
by a Muslim with intentional omission of tasmiyah or out of Istikhfaaf (regarding
it as insignificant) is unlawful (haram). Imam Shaaf'ee (RA) has also concurred
with this view. (Jawaahirul Fiqh vol.2 pg.388; Darul Uloom from Kitaabul Umm and Tafseer
Mazhari)
Imam Abu Yusuf states:
“The ruling regarding the animal upon which tasmiyah was omitted (at the time
of slaughter) is not subject to Ijtihaad (independent deduction of a ruling from Qur'an
and Hadith). If a judge rules the permissibility of its sale, his ruling will not be given
effect due to it being contrary to consensus of opinion.” (Ibid pg.390; Hidaaya)
It should be noted significantly that the above discussion of impermissibility is with
regard to a Muslim slaughterer who intentionally omits pronouncing the name of Allah upon
slaughter, not to speak of a non-Muslim.
In the case of a Muslim forgetfully omitting the tasmiyah, the animal will be
permissible for consumption as is the ruling of all the four Madhaahib based on the Hadith
of Nabi 
. “A believer always slaughters upon the name of Allah,
whether he (remembers to) recites it or not.” (Fathul Bari vol.9 pg.793; Qadeemi)
Animals Slaughtered by Modern Day Jews and Christians
“The food of Ahlul Kitaab (People of the Book) is lawful for you as is your food
for them.” (Al-Maidah 5:5)
Concerning the present day Christians there is
no doubt that their methods do not fulfill requirements of Shar'ee slaughter. |
Regarding the word, “Ta'aam” (food), ibn Abbaas, Ibn Umamah, Mujaahid and
others, Radi-Allahu anhum, say that it refers to slaughtered animals. This matter
(permissibility of these animals) is unanimously agreed upon by all scholars since they
also hold the belief of the prohibition of slaughter save in Allah's name and also due to
the fact that they mention only the name of Allah Ta'ala upon their animals of slaughter.
(Jawaahirul Fiqh vol.2 pg.4040; from Ibn Katheer)
The reason for permissibility has been explained clearly by Allaamah ibn Katheer that
due to the unity of belief regarding slaughter between Muslims and the Jews and Christians
of that particular time, Allah Ta'ala had permitted consumption of their slaughter. The
Ulama of the time had based their rulings on this very same reasoning.
When this unity of belief came into doubt, many great Sahaba, Radi-Allahu anhum, had
not hesitated to rule prohibition.
“With regards to a Kitaabi, when he omits tasmiyah (the name of Allah) upon
his slaughter and takes some other name, his slaughter is not consumable. This is the
ruling of Abu Darda, Ubadah bin Saamit and large faction of the Sahaba, Radi-Allahu
anhum.” (Jawaahirul Fiqh vol.2 pg.407; Darul Uloom - from Bahrul Muheet)
Regarding the Christian tribe of Banu Taghlib, Sayyidna Ali, Radi-Allahu anhu, ruled
the following:
“Hafiz ibn Jawzi (RA) has narrated with his Sanad (chain of narrators) from Ali,
Radi-Allahu anhu, 'Do not consume the slaughter of the Christians of Banu Taghlib since
they have not held to any more of Christianity than their drinking of wine.'” (Ibid
pg.460 - from Tafseer Mazhari)
It is a well-known fact that the majority of present day Christians and Jews no longer
hold this Aqeedah (belief) regarding slaughter. They do not hesitate to consume meat
slaughtered by even Pagans and Mushriks (polytheists) and atheists. They have held to even
less of Christianity than the Banu Taghlib. Most of them are just Christians and Jews by
name, “atheistic” in their beliefs and actions. Their abattoirs employ machine
slaughter wherever possible and do not hesitate to employ pagans and polytheists, e.g.
Chinese, Koreans, etc. to carry our slaughter.
The Ruling
Based on the above juridical references, Qadhi Thanaullah (RA) a renowned Jurist of his
time states the following:
“The correct and accepted view according to us is the first one that the slaughter of
the Ahlul Kitaab with intentional omission of tasmiyah (taking the name of Allah)
or slaughter in some other name (besides that of Allah) is not consumable, if this fact is
ascertained with certainty or this is the condition prevailing among them. By this, the
prohibition (of the Sahaba) from consuming the slaughter of the Christian Arabs can be
easily understood. Likewise, the ruling of Ali, Radi-Allahu anhu, (regarding the Banu
Taghlib)' becomes clear. It is likely that Ali, Radi-Allahu anhu, had ascertained their
omission of tasmiyah upon slaughter or that they slaughtered in some other name
(besides Allah). A similar ruling has been issued regarding the non-Arab Christians that
if it is their normal habit to slaughter without tasmiyah, their slaughter is not
consumable. Concerning the present day Christians there is no doubt that their methods do
not fulfill requirements of Shar'ee slaughter, but they usually cause the death of their
animals by other lethal measures, e.g. machine slaughter, etc. hence, their slaughter is
impermissible.” (Jawaahirul Fiqh vol.2 pg.411; from Tafseer Mazhari)
The Correct Understanding of the Hadith of Bukhari
Let us now turn to the hadith in Bukhari that is often by many people to justify the
claim that tasmiyah is not required. The hadith is as follows: “It has been
narrated from Aisha, Radi-Allahu anha, that some persons said to Nabi
'People bring to us meat. We know not whether the name of Allah Ta'ala has been taken
(upon its slaughter) or not? Nabi replied, 'You people say
Bismillah and eat it.' Aisha, Radi-Allahu anha, says, 'the people referred to (in this
Hadith) were new Muslims.'” (Bukhari vol.2 pg.828; Deoband)
It is clear that the slaughterers were Muslims, not disbelievers. This is further
elucidated by Imam Malik (RA)'s narration (of the same Hadith) where the addition of,
“this was in the beginning of Islam.” (Fathul Bari vol.9 pg.792; Qadeemi) is
found.
To believe that these people were non-Muslims is in fact tantamount to accusing the
noble Sahaba of Rasulullah of the heinous crime of
consuming meat slaughtered by polytheists which is expressly forbidden in the Qur'an:
“Forbidden to you is carrion… and that slaughtered for other than
Allah.” (Al-Maidah 5:3)
The actual meaning of this Hadith, as understood by similar narrations is that one
should not entertain unfounded doubts about a Muslim that he would neglect to mention the
name of Allah upon his slaughter.
“This is what is understood by the context of the Hadith since the answer of Nabi
to the question was, 'Say Bismillah and eat.' It is as though they (questioners) were
told, 'That is not your concern, rather what should concern you is to consume it
(wholesomely in the Sunnah manner) by saying Bismillah before partaking thereof.”
(Fathul Bari vol.9 pg.793; Qadeemi)
Hafiz ibn Abdul-Barr (RA) has emphasized this point very clearly: “Similarly, the
slaughter of the Bedouin Muslims will be permissible (for consumption) since they usually
know of the tasmiyah (at the time of slaughter).” Ibn Abdul Barr (RA) has
concluded, “In this Hadith, it is understood that the slaughter of a Muslim should be
consumed and he should be regarded as having performed tasmiyah upon its slaughter
(even when one is not certain about this fact) because with regards to a Muslim, one
should entertain nothing but good thoughts unless concrete evidence is established to the
contrary.” (Fathul Bari vol.9 pg.793; Qadeemi)
This import is borne out by other narrations of this same Hadith as follows: “The
narration of Ibn Uyayna (RA) (one of the Huffaaz of Hadith) has the addition, 'accept
their oaths and eat', i.e. take their word for it that they have taken tasmiyah
upon slaughter (and partake without doubts).” (Ibid pg.793)
The Narration of Abu Sa'eed
Imam Tabrani has recorded the narration of Abu Sa'eed though with a difference in
wording that he said, “Accept their word that they have effected (Shar'ee)
slaughter.” (and consume it without doubt). (Ibid)
The Narration of Imam Tahawi (RA)
“Some of the Sahaba, Radi-Allahu anhum, asked Rasulullah
that, 'Some Bedouins bring to us meat, cheese and fat. We know not the condition of their
Islam, (i.e. they are Muslims but of what caliber, we are unaware).' Nabi
replied, 'Check that which is prohibited by Allah and abstain therefrom. In whatever Allah
Ta'ala has not discussed, he has given you a concession. Your Rabb (Lord) does not forget.
Thus, say Bismillah (and partake).” (Ibid)
Explaining this Hadith, Allaamah ibn Teen comments: “Concerning tasmiyah
upon slaughter carried out by others of which they are unaware, there is no obligation
upon them regarding it. The (slaughter) will only be held incorrect when such evidence is
established. Allah Ta'ala has not made it obligatory upon any Muslim to be aware of tasmiyah
upon the slaughter of another Muslim, since the slaughter of another Muslim will be always
regarded as correct (accompanied by tasmiyah) unless evidence is established to the
contrary.” (Ibid pg.794)
The above should be sufficient to clarify any doubt in the meaning of the Hadith of
Bukhari.
Importance of Muslim Unity with Regards to Halal Meat
Shaytaan is ever prepared to bring about division as this will inevitably lead to the
collapse of the Muslim Ummah. In his untiring efforts, he has overlooked no sphere of life
to cause his mischief even to the extent of nourishment. Allah Ta'ala has warned us of
Shaytaan's inroads in this regard as has been explained already. Shaytaan, possessed of a
keen intelligence and discernment knows full well that once the Muslims cannot interact
and mix with one another due to suspicion in regards to halal and haram,
this will bring about the much awaited split in the global community of Islam. To combat
this, it is required that Muslims take courage and band together to solve this problem,
irrespective of color and race, since the commands of Allah Ta'ala are universal. Due to
this solidarity, the Muslims of South Africa, although a minority (around 3 - 4 %) have
progressed far ahead in eliminating this problem. With a bit of extra physical and
monetary sacrifice, they have managed to establish their own abattoirs in different parts
of the country.
If Muslims in other parts of the world who have, Alhamdulillah, become a sizeable
community were to show such unity and get together, there is every confidence that the
problem would be eliminated with little difficulty.
To conclude this, let us ponder upon the following words of Nabi :
“The lawful is clear and the unlawful is clear. Between these lie matters of
confusion. Regarding these, many are ignorant. Whomsoever falls into these, falls into the
unlawful, like a shepherd grazing (his flock) upon a sanctuary's perimeter very soon falls
into trespass. Beware! Every king possesses a sanctuary and the sanctuary of Allah Ta'ala
are His prohibitions. Take note! In the body there is a piece of flesh such that when it
is good the entire body is good; when it is corrupt the whole body is corrupted. Listen!
It is the heart.” (Arba'een Nawawiy)
And Allah Ta'ala Knows Best
Further Reading: Ahkam-uz-Zabaih
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