59. CHAPTER SLAUGHTER
No animal is permissible for consumption without slaughtering it when one has the ability to do so. Exceptions are locusts, fish and animals that live only in water.
“Chapter: Slaughter”: Linguistically, dhakah refers to completing a task. Slaughtering is so defined because the life of the slaughtered animal comes to an end completely. Allah says: {Except what you [are able to] slaughter [before its death.]} (Al-Maidah: 3) Dhakah is used to denote slaughter indefinitely. (See Lisan al-‘Arab (14/288).)
Dhakah in terms of the Shariah means: sacrificing the animal whose meat is permissible for consumption, slaughtering the animal by cutting its throat and oesophagus or wounding the animal that cannot be slaughtered [due to its wild nature for instance.] (See al-Iqna (4/315).)
“No animal is permissible for consumption without slaughtering it when one has the ability to do so”: This is the rule pertaining to slaughtering animals. Animals killed by other means are considered to be dead carcasses. Allah says:
{Prohibited to you are dead animals.} (Al-Maidah: 3) The wisdom behind prohibiting the consumption of the carcass is because its blood is retained in its body after death which is harmful for one’s faith and health.
“Exceptions are locusts, fish and animals that live only in water”: These can be eaten without slaughter. The Prophet(pbuh) said, “Two [types of] carcass and two [types of] blood have been made permissible for us. As for the carcass, it is the fish and the locust. As for the blood, it is the liver and the spleen.” (Reported by Ahmad (2/97), Ibn Majah (2218), al-Daraqutni (1/271,272) from the narration of Abdullah ibn Umar)
There are four conditions for slaughtering animals: Firstly, the slaughterer must be competent. That is, he must be sane, Muslim or from the People of the Book. A young boy, a woman, an uncircumcised man or a blind person cannot be the slaughterer. It is also not permissible for the slaughterer to be a drunkard, insane, polytheist, Magian or an apostate.
Secondly, the tool used to slaughter the animal, even if illegally possessed, must be sharp and can be made of metal, stone, reed or other materials except tooth and claw.
Thirdly, to sever the throat and oesophagus. If one is unable to do so, for instance animals that are hunted, animals that are wild in nature or that have fallen into a well, then these animals are wounded in any part of their bodies. However, animals that have their heads submerged in water and situations similar to it are not permissible.
Fourthly, to say, “Bismillah” when he is about to slaughter the animal. Any other utterance is impermissible. Forgetting to utter it is excusable and the meat is permissible but not when left out on purpose.
“There are four conditions for slaughtering animals: Firstly, the slaughterer must be competent. That is, he must be sane”: As the insane will not know the purpose of the slaughtering. Hence, his slaughtering is not permissible as is the slaughtering of the drunkard and the child who lacks discernment.
“Muslim or from the People of the Book”: As Allah says: {And the food of those who were given the Scripture is lawful for you.} (Al-Ma’idah: 5) Al-Bukhari said (Sahih al-Bukhari (7/120).) that Ibn Abbas said, “Their food refers to meat from animals slaughtered by them.”
“A young boy”: I.e. one who has not attained puberty or the age of discernment.
“A woman, an uncircumcised man”: As the condition requires him to be a Muslim and he must have gone through Islamic rites.
“Or a blind person”: This is based upon the general proof, not a specific one.
“It is also not permissible for the slaughterer to be a drunkard, insane”: Since they are unaware of the objective for slaughter.
“Polytheist, Magician or an apostate”: As understood from the ayah: {And the food of those who were given the Scripture is lawful for you.} (Al-Maidah: 5) The meat from animals slaughtered by disbelievers other than the People of the Book is haram for consumption.
“Secondly, the tool used to slaughter the animal, even if illegally possessed, must be sharp and can be made of metal, stone, reed or other materials except tooth and claw”: I.e. a sharp tool made from any material that can cause blood to gush out. However, it must not be made from teeth or claws. The Prophet(pbuh) said, “Eat what is slaughtered [with any instrument] that makes blood flow out, except what is slaughtered with a tooth or a claw.” (Reported by al-Bukhari (3/185), (7/119,120), Muslim (6/78), Abu Dawud (2821), al-Tirmidhi (1491), al-Nasa’i (7/228) and Ibn Majah (3178) from the narration of Rafi’ ibn Khadij)
“Thirdly, to sever the throat and oesophagus”: Food and drink is channelled through the latter while air is channelled through the former.
“If one is unable to do so for instance animals that are hunted, animals that are wild in nature or that which has fallen into a well, then these animals are wounded in any part of their bodies”: The meaning of this is that it is not a criteria that these animals be severed at the oesophagus and throat based upon the hadith narrated by Rafi’ who said, “A camel ran away and a man shot it with an arrow and killed it. The Messenger of Allah(pbuh) said, ‘Whenever an animal escape, do likewise.’” (Reported by al-Bukhari (3/185), (7/119), Muslim (6/78), Abu Dawud (2821), al-Tirmidhi (1492), al-Nasa’i (7/228), Ibn Majah (3173) and Ahmad (3/463).)
“However, animals that have their heads submerged in water and situations similar to it are not permissible”: If an animal is wounded during a hunt and it is found with its head submerged in water, then it could have died by drowning and not the wound. So, erring on the side of caution, the animal is not permissible for consumption.
“Fourthly, to say”: I.e. the slaughterer must say:
“Bismillah”: As Allah says: {And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it is grave disobedience.} (Al-An’am: 121) The wisdom behind saying al-tasmiyah upon the animal is to purify it with the remembrance of Allah and to expel Shaytan away from it. If it is not said, Shaytan has an evil influence upon the slaughterer and the slaughtered.
“When he is about to slaughter the animal”: Just before he moves his hand to carry out the action.
“Any other utterance is impermissible”: That is, any other form of dhikr to replace “Bismillah”, for example the utterances “Alhamdulillah” or “Subhanallah” are not allowed. Likewise saying “Bismi al-khaliq [or] al-raziq” is not permitted for tasmiyah which requires that one say “bismillah”.
“Forgetting to utter it is excusable and the meat is permissible”: That is, he forgets to utter the tasmiyah when slaughtering. The meat is permissible for consumption as the Prophet(pbuh) said, “An animal slaughtered by a Muslim is halal even if tasmiyah is not uttered as long as the omission is not purposeful.” (Reported by Abu Dawud in al-Marasil (378) and al-Bayhaqi (9/240).)
“But not when left out on purpose”: If tasmiyah is not uttered purposefully, then the meat of the animal is haram for consumption as Allah says: {And do not eat of that upon which the name of Allah has not been mentioned.} (Al-An’am: 121)
It is disliked to slaughter with a blunt tool, to sharpen the tool while the animal sees it and to place the animal in a direction other than the qiblah. It is also disliked to sever its neck completely and to skin it before its body turns cold.
“It is disliked to slaughter with a blunt tool”: So that the animal is not tortured to death. This is based on the hadith, “Verily Allah has prescribed ihsan (proficiency, perfection) in all things. So, if you kill then kill well; and if you slaughter, then slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters. (Reported by Ahmad (4/123-125), Muslim (6/72), al-Nasa’i (7/227, 230) and Ibn Majah (3170) from the narration of Shadad ibn Aws.)
“To sharpen the tool while the animal sees it”: It is disliked that one does it in full view of the animal that he intends to slaughter. Ibn ‘Umar said, “Verily, the Messenger of Allah(pbuh) commanded that the blade should be sharpened and hidden from the animals.” (Reported by Ahmad (2/108) and Ibn Majah (3172))
“And to place the animal in a direction other than the qiblah”‘. It is disliked to do so as it is contrary to the Sunnah; be it when calling the adhan or other acts of a similar nature. Slaughter is an act of obedience similar to al-udhiyah.
“It is also disliked to sever its neck completely”: That is, the animal should not be beheaded before it dies as this is tantamount to torture.
“And to skin it before its body turns cold”: That is, before it dies. This is based on the hadith narrated by Abu Hurairah who said, “The Messenger of Allah(pbuh) sent Budayl ibn Waraqah al-Khaza’i riding upon a camel shouting through the paths between the mountains of Mina with the words: “Do not hasten to do anything with the body before it dies.” (Reported by al-Daraqutni (4/283))
By Shaykh Salih ibn Fawzan al-Fawzan
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