He says: I went to a person who sells chickens after slaughtering them while they are alive, but while he was slaughtering the chickens, I did not hear him mention the name of Allah. So I asked him about that, and he answered that he mentions the name of Allah on the first one he slaughters in the day, for it and for all the rest, because of the large number he slaughters, he says he finds it difficult to mention the name of Allah on each one, and he might forget to do so. The question is: Is it permissible for him to sell them without mentioning the name of Allah because of the large number of buyers, or is it permissible for him to mention the name of Allah once at the beginning of the day on one chicken and then slaughter the rest without mentioning the name? And what is the ruling on eating them in that case?
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The questioner : He says: I went to a person who sells chickens after slaughtering them while they are alive, but while he was slaughtering the chickens, I did not hear him mention the name of Allah. So I asked him about that, and he answered that he mentions the name of Allah on the first one he slaughters in the day, for it and for all the rest, because of the large number he slaughters, he says he finds it difficult to mention the name of Allah on each one, and he might forget to do so. The question is: Is it permissible for him to sell them without mentioning the name of Allah because of the large number of buyers, or is it permissible for him to mention the name of Allah once at the beginning of the day on one chicken and then slaughter the rest without mentioning the name? And what is the ruling on eating them in that case?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. And after that,
This is a slaughterer who is ignorant in that he does not slaughter except by mentioning the name on the first one.
The questioner : He does not mention the name.
The Shaykh : In that he does not mention the name except on the first one. And that is because it is obligatory to mention the name of Allah, the Exalted, on every single slaughter, because the slaughter of each one is an independent act separate from the others. Therefore, it is necessary to mention the name on each one individually. If he does not do so, then what was not slaughtered with the mention of the name is not permissible to eat, due to the saying of Allah, the Exalted:[Al-An'am 6:121] And it is astonishing that this slaughterer says that it is difficult for him to mention the name when slaughtering each one, even though speaking is easier than the act. If it is not difficult for him to slaughter each one individually, how can it be difficult for him to mention the name on each one? And on this basis, it is obligatory to mention the name of Allah, the Exalted, on each one, and it is not permissible to eat what the name of Allah was not mentioned upon, due to the noble verse we recited, and due to the saying of the Prophet (peace and blessings be upon him): Yes.
The questioner : If he left off the mention of the name out of forgetfulness?
The Shaykh : If he left it off out of forgetfulness, there is a difference of opinion among the scholars regarding its permissibility.
The questioner : Yes.
The Shaykh : The Shaykh al-Islam Ibn Taymiyyah chose the position that it is not permissible, because the mention of the name is a condition, and a condition is not dropped by forgetfulness. And this is what he mentioned, which is the stronger position in my view: that what the mention of the name was left off of, the slaughterer is excused for this and does not sin for it, but as for the eater, he does not eat, because the name of Allah was not mentioned upon this slaughtered animal. Some scholars said: It is permissible to slaughter what the mention of the name was left off of out of forgetfulness, but it is not permissible to eat what was hunted from birds and the mention of the name was left off of out of forgetfulness. And this is the well-known position of the school of Imam Ahmad (may Allah have mercy on him); they distinguish between hunting and slaughtering. And some scholars said: If the mention of the name is left off out of forgetfulness in the slaughtered animal and in the hunted game, then it is eaten. But the strongest opinion in my view is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held. And if a person is prohibited from eating this slaughtered animal on which the name of Allah was not mentioned, he will not forget after that; he will always be mindful. If it were said to him: This is lawful and there is no harm because you are excused, he would become negligent in leaving off the mention of the name thereafter.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. And after that,
This is a slaughterer who is ignorant in that he does not slaughter except by mentioning the name on the first one.
The questioner : He does not mention the name.
The Shaykh : In that he does not mention the name except on the first one. And that is because it is obligatory to mention the name of Allah, the Exalted, on every single slaughter, because the slaughter of each one is an independent act separate from the others. Therefore, it is necessary to mention the name on each one individually. If he does not do so, then what was not slaughtered with the mention of the name is not permissible to eat, due to the saying of Allah, the Exalted:
And do not eat of that upon which the name of Allah has not been mentioned, for indeed, it is grave disobedience.
وَلا تَأْكُلُوا مِمَّا لَمْ يُذْكَرِ اسْمُ اللَّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌWhatever causes the blood to flow and the name of Allah is mentioned upon it, eat it, except the tusk and the claw, for the tusk is a bone, and the claw is the spear of the Abyssinians.
ما أنهر الدم وذكِر اسم الله عليه فكلوا إلا السن والظفر فإن السن عظم، وإن الظفر مدي الحبشThe questioner : If he left off the mention of the name out of forgetfulness?
The Shaykh : If he left it off out of forgetfulness, there is a difference of opinion among the scholars regarding its permissibility.
The questioner : Yes.
The Shaykh : The Shaykh al-Islam Ibn Taymiyyah chose the position that it is not permissible, because the mention of the name is a condition, and a condition is not dropped by forgetfulness. And this is what he mentioned, which is the stronger position in my view: that what the mention of the name was left off of, the slaughterer is excused for this and does not sin for it, but as for the eater, he does not eat, because the name of Allah was not mentioned upon this slaughtered animal. Some scholars said: It is permissible to slaughter what the mention of the name was left off of out of forgetfulness, but it is not permissible to eat what was hunted from birds and the mention of the name was left off of out of forgetfulness. And this is the well-known position of the school of Imam Ahmad (may Allah have mercy on him); they distinguish between hunting and slaughtering. And some scholars said: If the mention of the name is left off out of forgetfulness in the slaughtered animal and in the hunted game, then it is eaten. But the strongest opinion in my view is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held. And if a person is prohibited from eating this slaughtered animal on which the name of Allah was not mentioned, he will not forget after that; he will always be mindful. If it were said to him: This is lawful and there is no harm because you are excused, he would become negligent in leaving off the mention of the name thereafter.
The questioner : Yes.
The Shaykh : Yes.