![[Back to The Muslim Woman]](prhhome.gif)
The Shariah term for Halal Slaughtering is Dhakat. Dhakat in Arabic comes from the root idea of making something become good in smell and taste, and making it complete. Dhakat thus means: "to slaughter an animal in such a way as to make it smell and taste good, because slaughtering releases the blood, enabling the meat to dry faster." (Al Qurtubi V6 / P52) As an Islamic technical term, it means releasing the blood of animals by means of a sharp object from a specific place in a specific manner, doing it for the sake of Allah (SWT) Alone, and mentioning His Name over the animal.
Scholars have agreed that the best and most complete way to slaughter is to cut the windpipe (trachea), the gullet (esophagus) and the two jugular veins in the neck. Slaughtering must be performed on the front of the neck without cutting the spinal cord. Scholars, however, have differed regarding what constitutes the minimum amount of cutting, and the exact point on the neck where it should take place. Those who understood the Prophet’s (SAW) Hadith to mean "kill" the animal think that cutting the throat and the windpipe is good enough to achieve the killing; and those who understood them to mean "release the blood" insisted that in addition to that, the jugular veins, or at least one of them, must also be cut. The important point is that some scholars recommended that slaughtering performed from the back of the neck be avoided, because the results in cutting the spinal cord, and thereby killing the animal, before the actual slaughtering.
The basic tool to be used in slaughtering is, of course, a knife. Any sharp edge, however, can be used except teeth, nails, or bone. Examples of materials giving a sharp edge are: steel, iron, copper, gold, glass, stone, and wood, if it is sharp enough. Kaab ibn Malik (RA) reported that:
"They had sheep that were shepherded by a young woman who noticed at one point that a lamb was dying. When she told me, I broke a stone and slaughtered it, but I told them not to eat." (The full version is narrated by Al-Bukhari.)
And in the Hadith reported by Raf’a ibn Khadeej (RA),
The Prophet (SAW) told the Companions to use "anything that releases the blood, and mention the Name of Allah over it, but do not use a tooth or a nail, for a tooth is bone, and nails are the knives of the Ethiopians." (Reported by Al-Bukhari, Muslim and others)
It is said that Ethiopians at the time used to kill their animals in the fashion to show their courage and strength.
In a lengthy discussion of all possible objects for slaughter, Ibn Rushd said: "It does not make sense to differentiate between teeth and bones for he [the Prophet (SAW)] explained that a tooth is not a good tool by the fact that it is made of bone. And it is well agreed upon in our Madh-hab that anything other than iron is disliked (that is, when iron objects are available) because the Prophet (SAW) has said:
"If you slaughter, then slaughter in the best way. One should sharpen his edge and comfort gently his animal." (Bidaiatul Mujtahid V1 / P433)
Scholars agree that the person conducting the slaughtering can be a Muslim or one of the People of the Book. If the person has not reached puberty yet, or is drunk or insane, scholars have differing opinions. The Shaafi’ee School says that their Dhabeehah is Halal if they are aware of what they are doing. The Malikites say the boy’s Dhabeehah is Halal, but not the drunks or the insane person’s because (under the circumstances) they cannot reason. The main issue behind these differences is that of Niyyah (intention). Those who consider it to be a requirement, do not accept their Dhabeehah as Halal, and vice versa. All scholars agree that the Dhabeehah of the Murtadd (one who has chosen to give up Islam) is not considered Halal.
Scholars agree regarding the legitimacy (Mashru’yah) of invoking the Name of Allah (SWT) over the Dhabeehah, but they differ on whether it is obligatory (Waajib) or recommended (Mustahabb). In other words, is it considered a requirement, in order for the Dhabeehah to be Halal or not? Three MAJOR opinions of scholars have been mentioned by Ibn Kathir in his Tafseer (V2 / P169) in explaining Surah Al-An’am 6 Ayat 121. The Ayat says:
"Eat not (O believers) of that (meat) on which Allah’s Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience to Allah). And certainly, the devils do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al-Maytata (a dead animal) legal by eating it], then you would indeed be Mushrikun (polytheists): [because they (devils and their friends) made lawful to you to eat that which Allah has made unlawful to eat and you obeyed them by considering it lawful to eat, and by doing so you worshipped them, and to worship others besides Allah is polytheism]." (Al-An’am 6:121)
The following is a brief summary of these opinions:
First: That the invocation is a condition for lawfulness. This opinion is held by the majority of scholars, including Abu Hanifah, Malik, Ahmad, Thawree, Ibn Abbas and many other. They say that in the above Ayat:
1. The order not to eat implies an absolute prohibition because nothing in the Ayat of elsewhere negates it or says otherwise.
2. The absence of the invocation is considered to be Fisq (impiety) or disobedience. That classification is given only to actions that are considered to be Haram.
3. The prohibition is a general one and should not be construed to only mean dead animals of animals killed by Mushriks, as some scholars have claimed. The reasoning behind this is that nothing in the Ayat indicates such a restriction or specification, and the fact that prohibition of dead animals and animals killed by Mushriks has been clearly and specifically mentioned elsewhere in the Quran more than once.
These scholars also used the following Hadith to support their opinion: Aadee ibn Hatem (RA) said:
"I said: ‘O Prophet of Allah, I send my (hunting) dog and mention the Name of Allah.’ The Prophet (SAW) told me: ‘If you send your dog mentioning the Name of Allah and he killed, you eat; but if he eats from it, do not eat. He has caught it for himself.’ I said: ‘I send my dog, and then I find another dog with him, and I do not know which one caught for me.’ The Prophet (SAW) said: ‘Do not eat, because you only invoked the Name on your dog, and not on the other.’" (Reported by Al-Bukhari and Muslim, among other similar Hadith)
If the invocation is dropped deliberately, the Dhabeehah is considered to be "dead," and it is Haram to eat. But if one forgot to mention it, then his slaughter is lawful and the Dhabeehah is Halal.
Second: That invocation is not a requirement, and that if one has not made it (on purpose or just forgot to do so), the slaughter would be lawful, and the Dhabeehah Halal. This is basically the Shafi’ee School’s opinion, but is also one of the opinions reported on behalf of Malik and Ahmad.
Third: That it is a condition for the lawfulness of the Dhabeehah, and that if the Muslim does not invoke the Name of Allah (SWT), his Dhabeehah is not Halal. This opinion does not differentiate between those who forget to make the invocation form those who deliberately omit it: the Dhabeehah in either case is not Halal. This opinion was adopted by Abdullah ibn Umar, Dawood Ad-dhahiri and Ibn Sereen.
Forgetfulness, however, is a valid excuse for not applying or associating consequences of actions to the doer. Rulings and conditions cannot be applied to the person who did or did not do something because of forgetting. The same concept also applies to cases in which the person is under duress, or has done something wrong by mistake.
In conclusion, the correct ruling regarding the requirement of invoking the Name of Allah (SWT) over slaughtered animals is that the invocation is obligatory (Waajib) for the slaughter to be Halal, and that if one deliberately omits it, his Dhabeehah is Haram to eat. ALL THIS RELATES TO CASES IN WHICH THE PERSON PERFORMING THE SLAUGHTERING IS A MUSLIM.
Information From Al Jumuah Magazine Volume 9 Issue 2