The Slaughter of the People of the Book, the Jews and the Christians
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The second question of Fatwa No. ( 443 )
Q 2: Is it permissible, in cases of dire necessity, to eat the slaughter of the Christians, excluding the pig or what the religion has forbidden, where their slaughter is sometimes a strike with their tool that penetrates the vital parts of the animal in a single blow?
J 2: The slaughter of the Christians, excluding the pig or what the religion has forbidden. Their method of slaughter is a single strike with their tool that penetrates the vital parts of the animal. Its ruling is clarified by the following details: The principle regarding the permissibility of eating from the slaughter of the People of the Book is the saying of Allah the Exalted:[Al-Ma'idah 5:5] Ibn 'Abbas interpreted "food" as their slaughtered animals, which is one of the two interpretations of the verse. If a person from the People of the Book slaughters an animal and we know that he mentioned the name of Allah over it, it is permissible to eat it. If we know that he mentioned the name of
other than Allah, then it is not permissible to eat it, due to the generality of the statement of Allah the Exalted:[Al-An'am 6:121] and His statement regarding the prohibited items: [Al-Ma'idah 5:3] And if we do not know, we do not know whether he mentioned the name of Allah over it or the name of another, so the original ruling regarding their slaughter is permissibility. As for the tool used for slaughter, it is general for every sharp instrument except what is excluded by evidence. It is established in the authentic collections of al-Bukhari and Muslim from the Prophet (peace and blessings be upon him): This hadith generalizes the permissibility of slaughter with any tool, excepting two tools: the tooth and the nail. Similarly, stunning, or placing what is intended for slaughter in hot water until it dies, and the like of that, has the ruling of carrion. Allah the Exalted said: [Al-Ma'idah 5:3] until He said: the verse. As for the place of slaughter, it is necessary in slaughter to cut the windpipe, which is the passage of the breath, and the esophagus, which is the passage of food and drink, whether the cut is above the larynx, which is the second part of the windpipe, or below it. If the slaughterer cuts the two carotid arteries along with the windpipe
and the esophagus was more complete for slaughter. As for the necessity mentioned by the questioner, necessities permit what is forbidden, except for what is excluded by evidence, such as believing in disbelief, committing unlawful sexual intercourse, or killing an innocent soul without right. These are not permitted even in cases of necessity. The necessity that permits eating the forbidden meat of a slaughtered animal is when abstaining from eating leads to the loss of the life of the one abstaining. Allah the Exalted said:[Al-Baqarah 2:173] Surat al-Baqarah, verse 173. One eats from this forbidden meat only what satisfies his hunger and he finds nothing else; because of His saying in the verse: [Al-Baqarah 2:173] Al-Qurtubi said in its interpretation: The meaning, as stated by Qatadah, Al-Hasan, Al-Rabi', Ibn Zayd, and Ikrimah, is: not transgressing in his eating beyond his need, and not returning to a state where he finds an alternative to these forbidden things and eats them. And Al-Suddi said: not transgressing in eating it for desire and pleasure, and not returning to the point of fullness. And Mujahid, Ibn Jubayr, and others said: The meaning is: not transgressing against the Muslims, and not harming them. This includes highway robbers, rebels against the ruler, travelers who sever family ties, and raiders
against the Muslims and the like of that. This is correct, for the original meaning of transgression in the language is intending corruption. End of the intended meaning. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q 2: Is it permissible, in cases of dire necessity, to eat the slaughter of the Christians, excluding the pig or what the religion has forbidden, where their slaughter is sometimes a strike with their tool that penetrates the vital parts of the animal in a single blow?
J 2: The slaughter of the Christians, excluding the pig or what the religion has forbidden. Their method of slaughter is a single strike with their tool that penetrates the vital parts of the animal. Its ruling is clarified by the following details: The principle regarding the permissibility of eating from the slaughter of the People of the Book is the saying of Allah the Exalted:
and the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْother than Allah, then it is not permissible to eat it, due to the generality of the statement 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.
وَلاَ تَأْكُلُوا مِمَّا لَمْ يُذْكَرِ اسْمُ اللَّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌand that which has been dedicated to other than Allah
وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِWhatever causes the blood to flow, eat it; it is not the tooth or the nail.
ما أنهر الدم فكل ليس السن والظفرProhibited to you are dead animals
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُand the strangled
وَالْمُنْخَنِقَةُand the esophagus was more complete for slaughter. As for the necessity mentioned by the questioner, necessities permit what is forbidden, except for what is excluded by evidence, such as believing in disbelief, committing unlawful sexual intercourse, or killing an innocent soul without right. These are not permitted even in cases of necessity. The necessity that permits eating the forbidden meat of a slaughtered animal is when abstaining from eating leads to the loss of the life of the one abstaining. Allah the Exalted said:
He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.
إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنْـزِيرِ وَمَا أُهِلَّ بِهِ لِغَيْرِ اللَّهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ فَلا إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌneither desiring [it] nor transgressing [its limit]
غَيْرَ بَاغٍ وَلاَ عَادٍagainst the Muslims and the like of that. This is correct, for the original meaning of transgression in the language is intending corruption. End of the intended meaning. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.