Question (Q-66)
Which animals have to be slaughtered? What is the Islamic method of slaughtering? What are the conditions of slaughtering? What is the Islamic ruling regarding animals slaughtered by use of machines?
Answer:
Note: Please read the entire answer to avoid any misconception
Every animal which is stipulated by the Sharī’ah to be from those that have to be slaughtered, will only become Halāl (permissible to eat) by being slaughtered in accordance with Islamic teachings. Fish and locusts are the only exceptions which are Halāl without being slaughtered. Allah (تعالى) says in the Holy Qur’ān,
إلا ما ذکيتم
“Except those which you slaughter.” (Sūrah Al Māidah, 5:3)
The Holy Prophet of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
“Two dead animals are Halāl for us – fish and locusts.” (Musnad Al Imām Ahmad and other works narrate this from Ibn ‘Umar رضي الله تَعَالىٰ عنهم)
The Islamic method of slaughtering is that all four or at least three of the veins in the throat of the animal be cut; the trachea (the wind pipe), the esophagus (a tube that directs the passage of food from the mouth to the stomach), the external jugular vein and the internal jugular vein. If three of the four are cut, then this is sufficient as the majority has the same ruling as the entirety. (Radd ul Muhtār ‘alad Durr il Mukhtār). This is based on the statement of Allah’s Messenger (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ),
أفر الأوداج بما شئت
“Cut the jugular veins with whatever you wish.” (A similar Narration is mentioned in Al Muwatta)
It is a condition that the slaughterer be a Muslim or a Kitābī (people of the book). The slaughterer can be a woman, an unintelligent person or a sensible child who understands how to recite Tasmiyyah (mention Name of Allah تعالى) and slaughter. Therefore, if an animal is slaughtered by a polytheist who is not from the people of the book, by a fire worshipper, by an apostate, by a Jinn, by an insane person, or by an immature child then it is not Halāl, even if any of them mentioned the Name of Allah (تعالى) and intended to gain proximity to Allah (تعالى) alone through their slaughtering. If a Muslim mentions the Name of Allah (تعالى) and slaughters a goat for a fire worshipper to devote it to his place of worship or he slaughters it for a non Muslim who will devote it to an idol, then it will be permissible to eat the meat of such an animal as the Name of Allah (تعالى) was mentioned upon it, although it is disliked for a Muslim to do this. (Al Fatāwā Al Hindiyyah)
Allah (تعالى) says,
و ما لکم ألا تاکلوا مما ذکراسم اللّٰه عليه
“And what is the matter with you that you should not eat from that over which Allah’s name has been mentioned.” (Sūrah Al An’ām, 6:119)
He (تعالى) also said in the Holy Qur’ān,
و طعام الذين أوتوا الکتاب حل لکم
“And the food of the People given the Book(s) is lawful for you.” (Sūrah Al Māidah, 5:5)
It is permissible to sacrifice an animal for a guest, a feast, a wedding ceremony, commemoration of childbirth (‘Aqīqah), gatherings in Remembrance of Allah’s (تعالى) Friends, for the purpose of conveying reward to the Friends of Allah (تعالى) and for Qurbānī (Sacrifice). The Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
من ذبح لضيف ذبيحة کانت فدائه من النار
“Whoever slaughters an animal for his guest, it will save him from Hell.” (Narrated by Al Hākim in his Tārīkh from Jābir (رضي الله عنه)
However, if the slaughterer mentions the name of someone other than Allah (تعالى) when sacrificing or adds the name of someone other than Allah (تعالى) to His Exalted Name by saying something like, ‘In the Name of Allah and the name of so and so’ at the time of slaughtering, then the animal will be Harām and considered to have died without being sacrificed. The Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
لعن الله من ذبح لغير الله
“The Curse of Allah (تعالى) is upon the one who slaughters an animal for anyone other than Allah (تعالى).” (Narrated by Muslim and An Nasaī from Sayyidunā ‘Alī)
Allah (تعالى) said,
وما أهل به لغير اللّٰه
“And the animal that has been slaughtered whilst proclaiming the name of anyone other than Allah (تعالى).” (Sūrah Al Baqarah, 2:173)
According to us as followers of Al Imām Abū Hanīfah, if a Muslim slaughterer deliberately misses the name of Allah (تعالى) then the animal is Harām (forbidden). Allah (تعالى) says in the Holy Qur’ān,
ولا تأکلوا مما لم يذکر اسم اللّٰه عليه
“And do not eat that on which Allah’s name has not been mentioned.” (Sūrah Al An’ām, 6:121)
Whether or not animals slaughtered by present day Jews and Christians are Halal (Permissible) or Harām (Impermissible) is an issue that is differed about. The safer Fatwā (Verdict) is that it is Harām if unnecessary. (Majma’-ul-Anhur)
Important Note:
The Jews and Christians of our time explicitly express their belief that Sayyidunā ‘Ῑsā and Sayyidunā ‘Uzair (عليهماالسلام) were sons of God (Allah تعالى forbid). It is clearly established that there is no dire need to consume meat slaughtered by them. Thus it is necessary to exercise caution (Al Ihtiyāt) because there is a difference of opinion between the Scholars in relation to the permissibility of the meat of animals which are sacrificed by present day Jews and Christians. Holding onto the position that it is impermissible is more preferred when there is no necessity (Dharūrah). This is what is stated in Majma’-ul-Anhur.
It is also clear that it is necessary for the slaughterer to recite Tasmiyyah (Basmalah) when slaughtering an animal. If two people are slaughtering the same animal, then it is necessary for both of them to recite Tasmiyyah. If even one of them deliberately omits recitation of Tasmiyyah then it is Harām (forbidden) to eat the meat of that animal. It is not necessary for the person holding the animal’s head and legs to recite Tasmiyyah. Tasmiyyah is to recite,
ﺑﺴﻡ ﷲ ﷲ ﺍﻛﺑﺮ
“In the Name of Allah, Allah is the Greatest.”
(Al Fatāwā Al Hindiyyah, Al Khāniyah and other works)
Slaughtering is valid if Tasmiyyah is recited by the slaughterer prior to his changing the gathering. Therefore, if a person recites Tasmiyyah once, slaughters two goats at the same time by placing one on top of the other and by cutting the throat of both the goats with one movement of a knife, then both are Halāl (permissible). If he slaughtered the second goat after the first one, then he will have to recite Tasmiyyah for each of them as there is more than one action and therefore Tasmiyyah needs to be recited more than once. (Durr ul Mukhtār)
It is clear from the above discussion that it is necessary to recite Tasmiyyah for each animal that is rotating on a chain that is running on an electronically powered machine. If this is not done, then the animals will not be Halāl (permissible). Similarly, the animal that is slaughtered by mechanically operated knives or is slaughtered by a Muslim after it has died due to an electric current or gunshot is not Halāl. Allah (تعالى) states,
ﺣﺭﻣﺖ ﻋﻟﯿﻜﻣ ﺍﻟﻣﯿﺘﺔ
“Forbidden for you are the dead animals (that died without slaughtering).” (Sūrah Al Māidah, 5:3)
Another reason for this is that the condition of a Muslim slaughterer is not met when an animal is slaughtered mechanically.
If it is not known whether the animal is alive at the time of slaughtering, and it shivered or blood came out as occurs with living creatures, then it is Halāl (permissible) because movement and the flowing of blood is a sign of life (and that is proof that it was alive prior to being slaughtered). The absence of this sign is a sign of death and therefore, if there is no sign, then the meat is Harām (impermissible) as it is clear that the animal was dead prior to being slaughtered. Similarly, if the mouth of the animal is open at the time of slaughtering then its meat will not be eaten but if the mouth is closed then it will be eaten. If the eyes of the animal are open at the time of sacrifice, it will not be eaten but if they are closed, then it will be eaten. If its legs are spread out, then its meat will not be eaten, but if the legs are joined together then it will be eaten. If its hair stands at the time of sacrifice, then it will be eaten and if it is asleep then it will not be eaten as an animal loosens its body parts at the time of death and therefore opening of the mouth and eyes, spreading of the legs and the hanging down of hair are signs of death as these factors show that the body parts were loose. The opposite factors to these are movements that are characteristics of living creatures and therefore proof that the animal is alive.
If it is definitely known that the animal is alive at the time of slaughtering, then it is Halāl (permissible) by cutting regardless of whether it shivered or not, and regardless of whether blood came out or not. This is what is stated in Al Muhīt. (Al Bahr Ar Rāiq etc.)
The Prophet of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
ما يقطع من البهيمة وهي حية فهو ميتة
“If a piece of flesh is cut off the body of a living animal then that piece of flesh is Harām (forbidden).” (At Tirmidhī, Chapters on hunting) Al Imām At Tirmidhī said, “The people of knowledge act upon this Narration.”
There are seven parts of a Halāl animal which are Harām (prohibited) to eat,
(1) Flowing blood
(2) penis
(3) testicles
(4) female front private part
(5) glands
(6) bladder
(7) gall bladder
This is what is mentioned in Al Fatāwā Al Hindiyyah based on the Narration of At Tabarānī in Al Mu’jam Al Awsat as narrated by ‘AbdUllah Ibn ‘Amr Ibn ‘Adiyy and also based on the Narration of Al Imām Baihaqī. Al Imām Ahmad Ridhā (رحمه الله), mentioned additional evidences in Al Fatāwā Ar Ridhwiyyah Volume 20, Chapter on slaughtering.
It is disliked (Makrūh) to not face the animal towards the Qiblah when slaughtering it because facing it towards the Qiblah is Sunnah. It is also disliked to cause unnecessary pain to the animal. For example, completely removing the head from the rest of the body and stripping the skin of the animal even before it has cooled down. The Prophet of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
“Indeed Allah (تعالى) has made it necessary to treat everything well. So, when you kill then do it correctly, when you slaughter an animal then do it properly, sharpen your knife and make it easy for the animal.” (Sahīh Muslim, Volume 2)
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
