Why Zabeeha? By Mufti Ebrahim Desai

Almighty ALLAH (Praise and Glory be to HIM) 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 Quran and Sunnah by ensuring that HIS name is taken upon slaughtering of the animal. ALLAH (Praise and Glory be to HIM) states in the Noble Quran:

1. "For every nation We have specified a rite (for slaughtering) so that they may take the name of ALLAH (Praise and Glory be to HIM) upon (the slaughter of) the animals granted to them as sustenance." (Al-Hajj 34)
2. "And consume not of that whereupon the name of ALLAH (Praise and Glory be to HIM) was omitted (at the time of slaughter). Indeed it is a transgression. Verily the shayaateen inspire their friends to cause division with you. If you obey them, you are indeed mushriks (ascribing partners to ALLAH)." (Al-An'aam 122)
3. "So take the name of ALLAH upon them (at the time of slaughter) while they stand in rows." (Al-Hajj 36). This statement is in reference to camels which are slaughtered by nahr (a swift stab of the neck which severs the four arteries) while standing.
4. "… and such animals upon which they mention not the name of ALLAH only to fabricate a lie against him." (Al-An'aam 138)
5. "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 Zaka (Shar'ee slaughter)." (Al-Maa-idah 3)

From the above Aayaats, the following points are understood:

1. Meat is not in the same category as other nutrients.
2. The most important condition is that Tasmiyyah (taking the name of ALLAH) be pronounced at the time of slaughter. The Aayaats clearly explain the impermissibility of those animals whose slaughter was not preceded by Tasmiyyah.
3. The impermissibility of those animals whose lives were ended by means other than Zabah (Shar'ee slaughter) of which Tasmiyyah is a condition. All such animals are maytah (carrion) and are expressly forbidden.
4. The Zabiha (animal slaughtered) by a kaafir (non-believer) or mushrik (polytheist) is haram (unlawful). However, those Ahlul Kitaab (People of the Book) who also hold the Aqeedah (belief) of Tasmiyyah at the time of slaughter have been excluded from the kuffaar majority.
5. The Aayaat number 122 of Al-An'aam explains consumption of meat not slaughtered with Tasmiyyah as Fisq – transgression and disobedience. The Aayat 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 Aayat also warns that obedience of shaytaan in this matter is a kin to shirk (ascribing partners to ALLAH).

Imam Bukhari has quoted this same Aayat in his magnum opus under the chapter, 'Intentional Omission of the Tasmiyyah at the time of Slaughter'. It's explained by Hafiz ibn Hajar, the renowned commentator of Sahih Bukhari, in the following words:

Imam Bukhari (may ALLAH be pleased with him) wishes to point out by citing this Aayat the reproach against using this Aayah as proof to legalize omission of Tasmiyyah by inventing baseless interpretations of the Aayat and understanding it in a manner contrary to clear import.' (Fathul Bari, vol. 9, pg. 778; Qadeemi)

The Jurists (Fuqahaa) have unanimously agreed that consumption of an animal slaughtered by a Muslim with intentional omission of Tasmiyyah or regarding such as insignificant is unlawful (haram). Imam Shaaf'ee (may ALLAH be pleased with him) 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 Tasmiyyah was omitted (at the time of slaughter) is not subject to Ijtihaad (independent deduction of a ruling from Quran 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 and not a non-Muslim.

In the case of a Muslim forgetfully omitting the Tasmiyyah, the animal will be permissible for consumption as is the ruling of all the four Madhaahib based on the Hadith of Prophet (may ALLAH be pleased with him). 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-Maa-idah 5)

Regarding the word, "Ta'aam" (food), ibn Abbaas, Ibn Umamah, Mujaahid and others (may ALLAH be pleased with them) 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 (Praise and Glory be to HIM) 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. Due to the unity of belief, regarding slaughter, between Muslims and the Jews and Christians of that particular time, ALLAH (Praise and Glory be to HIM) 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 (may ALLAH be pleased with them) had not hesitated to rule prohibition.

'With regards to a Kitaabi, when he omits Tasmiyyah (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 (may ALLAH be pleased with them).' (Jawaahirul Fiqh, vol. 2, pg. 407; Darul Uloom – from Bahrul Muheet)

Regarding the Christian tribe of Banu Taghlib, Ali (may ALLAH be pleased with him) ruled the following:

'Hafiz ibn Jawzi (may ALLAH's mercy be upon him) has narrated with his sanad (chain of narrators) from Ali (may ALLAH be pleased with him), '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 to this Aqeedah (belief) regarding slaughter. Meat slaughtered by pagans, mushriks (polytheists) and atheists is often consumed. Slaughter-houses employ machine slaughter wherever possible and do not choose employees based on their religious beliefs, be it pagans, atheists or polytheists, to carry out the slaughter.

The Ruling

Based on the above juridical references, Qadhi Thanaullah (may ALLAH's mercy be upon him) a renowned Jurist of his time stated 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 Tasmiyyah (taking the name of ALLAH) or slaughter on 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 (may ALLAH be pleased with him) (regarding the Banu Taghlib)' becomes clear. It is likely that Ali (may ALLAH be pleased with him) had ascertained that their omission of Tasmiyyah upon slaughter or that they slaughtered upon 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 Tasmiyyah, their slaughter is not consumable. Concerning the present day Christians there is no doubt in the fact 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 (cited by many people to justify their claims) "It has been narrated from Aisha (may ALLAH be pleased with her) that some persons said to Prophet (peace be upon him), 'People bring to us meat. We know not whether the name of ALLAH (Praise and Glory be to HIM) has been taken (upon its slaughter) or not?" The Prophet (peace and blessings be upon him) replied, 'You people say 'Bismillah' and eat it.' Aisha (may ALLAH be pleased with her) 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 Maalik (may ALLAH's mercy be upon him)'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 the Messenger of ALLAH (peace be upon him) of the heinous crime of consuming meat slaughtered by polytheists which is expressly forbidden in the Quran:

'Forbidden to you is carrion … till … and that slaughtered for other than ALLAH.' (Al-Maa-idah 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 the Prophet, peace be upon him, to the question was, 'Say Bismillah and eat.' It is as though they (the 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 (may ALLAH be pleased with him) has emphasized this point very clearly:

Similarly, the slaughter of the Bedouin Muslims will be permissible (for consumption) since they usually know of the Tasmiyyah (at the time of slaughter). Ibn Abdul Barr (may ALLAH be pleased with him) has concluded, In this Hadith, it is understood that the slaughter of a Muslim should be consumed and he should be regarded as having taken Tasmiyyah 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 (may ALLAH be pleased with him) (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 Tasmiyyah upon slaughter (and partake without doubts). (Ibid pg. 793)

The narration of Abu Sa'eed:

Imaam 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 Imaam Tahawi (may ALLAH be pleased with him):

Some of the Sahaba (may ALLAH be pleased with them) questioned the Messenger of ALLAH (peace be upon him) 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).' The Prophet (peace be upon him) replied, 'Check that which is prohibited by ALLAH and abstain therefrom. Whatever ALLAH Ta'ala has not discussed, he has made a concession for you. Your LORD does not forget.' Thus, say Bismillah (and partake). (Ibid)

Explaining this Hadith, Allaamah ibn Teen comments:

Concerning Tasmiyyah 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 Tasmiyyah upon the slaughter by another Muslim, since the slaughter by another Muslim will be always regarded as correct (accompanied by Tasmiyyah) 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 the Prophet (peace be upon him):

'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 resides a piece of flesh, upon its reformation is the entire body’s reform. Upon its corruption is the whole body corrupted. Listen! It is the heart.' (Arba’een Nawawiy)