The Slaughter of Those Who Call for Aid Other Than Allah and Invoke Other Than Allah
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Fatwa No. ( 1423 )
Q: A group of students of knowledge claim that the slaughter of those who call for aid other than Allah and invoke other than Allah in matters that only Allah can do is permissible, provided they mention the name of Allah over it. They argue based on the generality of the saying of Allah the Exalted:[Al-An'am 6:118], and the saying of Allah the Exalted: [Al-An'am 6:119]. They consider those who forbid this to be transgressors who mislead by their desires without knowledge. They say that Allah has specified for us what He has forbidden in His saying: [Al-Ma'idah 5:3], and His saying: [Al-Baqarah 2:173], and similar verses that specified what is forbidden from slaughter and did not mention the prohibition of anything over which the name of Allah was mentioned, even if the slaughterer was a polytheist or a Zoroastrian. They also claim that the Shaykh Muhammad ibn 'Abd al-Wahhab used to eat from the slaughter of those who invoke Zayd ibn al-Khattab if they mentioned the name of Allah over it. Is their statement correct? What is your answer to their evidence if they are mistaken? And what is the truth in this matter with evidence?
A: The ruling on slaughter, whether lawful or forbidden, varies according to the state of the slaughterers. If the slaughterer is a Muslim and it is not known that he has done what invalidates
the foundation of his Islam, and he mentions the name of Allah over his slaughter, or it is not known whether he mentioned the name of Allah over it or not, then his slaughter is lawful by the consensus of the Muslims, due to the generality of the saying of Allah the Exalted:[Al-An'am 6:118-119]. If the slaughterer is a People of the Book, a Jew or a Christian, and he mentions the name of Allah over his slaughter, it is lawful by consensus, due to the saying of Allah the Exalted: [Al-Ma'idah 5:5]. If he does not mention the name of Allah nor the name of anyone else, there is disagreement regarding the permissibility of his slaughter. Those who permit it argue based on the generality of the saying of Allah the Exalted: [Al-Ma'idah 5:5]. Those who forbid it argue based on the generality of the evidence for the obligation of mentioning the name of Allah over slaughter and game, and the prohibition of eating what the name of Allah is not mentioned over, in the saying of Allah the Exalted: [Al-An'am 6:121]. This is the apparent view. If the People of the Book mention the name of other than Allah over it, such as saying "In the name of the Most High" or "In the name of the Messiah" or "The Cross," eating from it is not lawful; because it falls under
the generality of the saying of Allah the Exalted in the verse regarding what is forbidden from food:[Al-Ma'idah 5:3], as it specifies the generality of His saying: [Al-Ma'idah 5:5]. If the slaughterer is a Zoroastrian, it is not eaten, whether he mentions the name of Allah over it or not, without disagreement as far as we know, except for what is reported from Abu Thawr permitting their game and slaughter; because it was narrated from him (peace and blessings be upon him) that he said: Muwatta Malik 17:46. And because they are allowed to remain on their religion by paying the jizyah, like the People of the Book, so their game and slaughter are permitted. The scholars rejected this from him and considered it contrary to the consensus of the Salaf who came before him. Ibn Qudamah said in (Al-Mughni): Ibrahim al-Harbi said: Abu Thawr broke the consensus. Ahmad said: There are people here who see no harm in the slaughter of the Zoroastrians . How strange is this? He is referring to Abu Thawr . Among those from whom the dislike of their slaughter is reported are: Ibn Mas'ud , and Ibn
'Abbas , Ali , Jabir , Abu Burdah , Sa'id ibn al-Musayyib , 'Ikrimah , al-Hasan ibn Muhammad , 'Ata , Mujahid , 'Abd al-Rahman ibn Abi Layla , Sa'id ibn Jubayr , Murrah al-Hamdani , al-Zuhri , Malik , al-Thawri , al-Shafi'i , and the people of the opinion (Hanafis). Ahmad said: I do not know anyone who said otherwise except that he might be a person of innovation. And because Allah the Exalted said:[Al-Ma'idah 5:5], the implication of which is: the prohibition of the food of other disbelievers. And because they have no Book, their slaughter is not lawful like the people of idols ... Then he said: We only took the jizyah from them because the semblance of the Book necessitates the prohibition of their blood. So when the prohibition of their blood is dominant, it is desirable that the absence of the Book be dominant in the prohibition of their slaughter and women; as a precaution for the prohibition in both places. And because it is consensus, as it is the statement of those we named, and there is no one who contradicts them in their time or after them except a narration from Sa'id , in which a contradiction to it is reported from him. End of (Al-Mughni). If the slaughterer is from the polytheists who worship idols and those in their position, other than the Zoroastrians and the People of the Book, the Muslims have agreed on the prohibition of their slaughter, whether they mention the name of Allah over it or not. And the saying of Allah the Exalted:
[Al-Ma'idah 5:5], by its implication, indicates the prohibition of the slaughter of other disbelievers, otherwise there would be no benefit in specifying them by mention in the context of the ruling of permissibility. Likewise, one who claims to be a Muslim but invokes other than Allah in matters that only Allah can do, and calls for aid other than Allah, their slaughter is like the slaughter of the polytheists and the Zinadiqqa , so their slaughter is not lawful, just as the slaughter of those disbelievers is not lawful due to their shirk and their apostasy from Islam. Accordingly, the consensus on the prohibition of their slaughter and the indication of the implication of the verse, both specify the generality of the saying of Allah the Exalted: [Al-An'am 6:118] and His saying: [Al-An'am 6:119]. So it is not valid to argue with these two verses and what is similar to them for the permissibility of the slaughter of the worshippers of idols, and those in their position who have apostatized from Islam by persisting in calling for aid other than Allah and invoking Him among the dead and the like, in matters that only Allah can do, after clarification to them and establishing the evidence that this is shirk
like the shirk of the first age of ignorance. Just as it is not valid to rely on the permissibility of the slaughter of those who call for aid other than Allah among the dead and the like, and seek help from others in what is the exclusive right of Allah, by mentioning the name of Allah over it, on the basis of the non-mention of their slaughter explicitly in the verse:[Al-Baqarah 2:173] and similar verses in which Allah mentioned what He has forbidden to His servants from foods. For the slaughter of these people, even if not mentioned explicitly in the texts of forbidden foods, falls under the generality of carrion due to their apostasy from Islam for committing what invalidates the foundation of their faith and their persistence in it after clarification. And whoever claims that the Imam of the Dawah, the Shaykh Muhammad ibn 'Abd al-Wahhab (may Allah have mercy on him), used to eat from the slaughter of the people of Makkah while they were invoking Zayd ibn al-Khattab , his claim is a guess and an estimate, and a mere assertion, for which there is no transmission from him (may Allah have mercy on him). Rather, it is contrary to what his books and writings testify to, which is the ruling that one who invokes other than Allah, whether an angel brought near, a prophet sent, or a righteous servant of Allah, in matters that only Allah can do, is a polytheist who has apostatized from Islam. Indeed, his shirk is more severe than the shirk of the people of ignorance. So the ruling regarding him and his slaughter is like the ruling regarding them
or more severe. The Muslims have agreed on the prohibition of the slaughter of disbelievers other than the People of the Book, even if they mention the name of Allah over it; because mentioning the name over the slaughter is a type of worship, so it is not valid except with the sincerity of worship to Allah (Glorified and Exalted is He); due to His saying (Glorified and Exalted is He):[Al-An'am 6:88]. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: A group of students of knowledge claim that the slaughter of those who call for aid other than Allah and invoke other than Allah in matters that only Allah can do is permissible, provided they mention the name of Allah over it. They argue based on the generality of the saying of Allah the Exalted:
So eat of that [meat] upon which the name of Allah has been mentioned
فَكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِAnd why should you not eat of that upon which the name of Allah has been mentioned while He has explained in detail to you what He has forbidden you, excepting that to which you are compelled. And indeed do many lead [others] astray through their [own] inclinations without knowledge. Indeed, your Lord - He is most knowing of the transgressors.
وَمَا لَكُمْ أَلا تَأْكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُمْ مَا حَرَّمَ عَلَيْكُمْ إِلا مَا اضْطُرِرْتُمْ إِلَيْهِ وَإِنَّ كَثِيرًا لَيُضِلُّونَ بِأَهْوَائِهِمْ بِغَيْرِ عِلْمٍ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَProhibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْـزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِHe has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah
إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنْـزِيرِ وَمَا أُهِلَّ بِهِ لِغَيْرِ اللَّهِA: The ruling on slaughter, whether lawful or forbidden, varies according to the state of the slaughterers. If the slaughterer is a Muslim and it is not known that he has done what invalidates
the foundation of his Islam, and he mentions the name of Allah over his slaughter, or it is not known whether he mentioned the name of Allah over it or not, then his slaughter is lawful by the consensus of the Muslims, due to the generality of the saying of Allah the Exalted:
(118) So eat of that [meat] upon which the name of Allah has been mentioned, if you are believers in His verses. (119) And why should you not eat of that upon which the name of Allah has been mentioned while He has explained in detail to you what He has forbidden you, excepting that to which you are compelled
فَكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ إِنْ كُنْتُمْ بِآيَاتِهِ مُؤْمِنِينَ (118) وَمَا لَكُمْ أَلا تَأْكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُمْ مَا حَرَّمَ عَلَيْكُمْ إِلا مَا اضْطُرِرْتُمْ إِلَيْهِand the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْand the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْAnd do not eat of that upon which the name of Allah has not been mentioned
وَلاَ تَأْكُلُوا مِمَّا لَمْ يُذْكَرِ اسْمُ اللَّهِ عَلَيْهِthe generality of the saying of Allah the Exalted in the verse regarding what is forbidden from food:
and that which has been dedicated to other than Allah
وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِand the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْFollow the same sunna with them that you follow with the people of the Book
سنوا بهم سنة أهل الكتاب'Abbas , Ali , Jabir , Abu Burdah , Sa'id ibn al-Musayyib , 'Ikrimah , al-Hasan ibn Muhammad , 'Ata , Mujahid , 'Abd al-Rahman ibn Abi Layla , Sa'id ibn Jubayr , Murrah al-Hamdani , al-Zuhri , Malik , al-Thawri , al-Shafi'i , and the people of the opinion (Hanafis). Ahmad said: I do not know anyone who said otherwise except that he might be a person of innovation. And because Allah the Exalted said:
and the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْand the food of those who were given the Scripture is lawful for you
وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْSo eat of that [meat] upon which the name of Allah has been mentioned
فَكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِAnd why should you not eat of that upon which the name of Allah has been mentioned
وَمَا لَكُمْ أَلا تَأْكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِlike the shirk of the first age of ignorance. Just as it is not valid to rely on the permissibility of the slaughter of those who call for aid other than Allah among the dead and the like, and seek help from others in what is the exclusive right of Allah, by mentioning the name of Allah over it, on the basis of the non-mention of their slaughter explicitly in the verse:
He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah
إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنْـزِيرِ وَمَا أُهِلَّ بِهِ لِغَيْرِ اللَّهِor more severe. The Muslims have agreed on the prohibition of the slaughter of disbelievers other than the People of the Book, even if they mention the name of Allah over it; because mentioning the name over the slaughter is a type of worship, so it is not valid except with the sincerity of worship to Allah (Glorified and Exalted is He); due to His saying (Glorified and Exalted is He):
But if they had associated others with Allah, then worthless for them would be whatever they were doing.
وَلَوْ أَشْرَكُوا لَحَبِطَ عَنْهُمْ مَا كَانُوا يَعْمَلُونَ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.