Explanation of the Book of Foods-07a
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The reciter: Adam narrated to us, Shu'bah narrated to us from Abdullah ibn Abi al-Safar from al-Sha'bi from 'Adi ibn Hatim, who said:
The Shaykh : And as you see, these hadiths also all condition the naming, that one should name Allah. It is a condition, and a condition is not dropped due to forgetfulness, ignorance, or intention. So if he sends his arrow or sends his dog and forgets to name [Allah] and it kills, then the game is not lawful, even if he was forgetful, but he does not sin because he was forgetful. As for if he intentionally left off the naming, he sins because he left off the obligatory command. For Allah made it obligatory to name [Allah] on the game through the tongue of His Messenger (peace and blessings be upon him). Then in it is a waste of wealth and a waste of time and effort. So the one who leaves off the naming, if he is knowledgeable and remembering, he is sinful, and the game is not lawful. And if he is ignorant or forgetful, he is not sinful, but the game is not lawful. Why? First, because it is known from the principles of Islamic sacred law that conditions are not dropped by forgetfulness, and this is a condition. Second, because of His saying, the Exalted:[Al-An'am 6:121] So He prohibited us from eating from what the name of Allah was not mentioned upon, and He did not specify in what He said except what was left off due to forgetfulness. So when He did not make an exception, it is known that it is not lawful. If you say, what is the answer to His saying, the Exalted: [Al-Baqarah 2:286] We say that the absence of blame does not necessitate the absence of the ruling. So this one who hunted and left off the naming, whether forgetful or ignorant, has no sin upon him without doubt, but the ruling for which the prior naming was a condition does not become established if the naming is not established. The analogy of that is if a person prays without ablution while forgetful, he has no sin upon him, but his prayer is not valid; he must repeat it, because purity from ritual impurity is a condition. And this is the famous position of the school of Imam Ahmad (may Allah have mercy on him) that the naming is not dropped in hunting due to forgetfulness, ignorance, or intention. It is also the choice of Shaykh al-Islam Ibn Taymiyyah, and it is what the texts indicate: that the game is not lawful whether [the omission was] due to forgetfulness or intention. As for the slaughtered animal, I do not know if the author mentions it or not.
The student: He will mention it...
The Shaykh : Will it come? Good, if Allah wills.
I said, "O Messenger of Allah, I send out my dog and I name [Allah]." The Prophet (peace and blessings be upon him) said: "If you send out your dog and name [Allah], and it catches [the prey] and kills it, and then eats it, do not eat it, for it has only held it for itself." I said, "I send out my dog and I find with it another dog, and I do not know which one caught it." He said: "Do not eat it, for you only named [Allah] on your dog and did not name [Allah] on the other." And he asked him about hunting with a crossbow, so he said: "If you hit it with its edge, eat it; and if you hit it with its side and it kills it, then it is a carcass, so do not eat it."
قلت يا رسول الله إني أرسل كلبي وأسمي فقال النبي صلى الله عليه وسلم : إذا أرسلت كلبك وسميت فأخذ فقتل فأكل فلا تأكل فإنما أمسك على نفسه قلت إني أرسل كلبي أجد معه كلباً آخر لا أدري أيهما أخذه فقال : لا تأكله فإنما سميت على كلبك ولم تسم على غيره وسألته عن صيد المعراض فقال : إذا أصبت بحده فكل وإذا أصبت بعرضه فقتل فإنه وقيذ فلا تأكلThe Shaykh : And as you see, these hadiths also all condition the naming, that one should name Allah. It is a condition, and a condition is not dropped due to forgetfulness, ignorance, or intention. So if he sends his arrow or sends his dog and forgets to name [Allah] and it kills, then the game is not lawful, even if he was forgetful, but he does not sin because he was forgetful. As for if he intentionally left off the naming, he sins because he left off the obligatory command. For Allah made it obligatory to name [Allah] on the game through the tongue of His Messenger (peace and blessings be upon him). Then in it is a waste of wealth and a waste of time and effort. So the one who leaves off the naming, if he is knowledgeable and remembering, he is sinful, and the game is not lawful. And if he is ignorant or forgetful, he is not sinful, but the game is not lawful. Why? First, because it is known from the principles of Islamic sacred law that conditions are not dropped by forgetfulness, and this is a condition. Second, because of His saying, the Exalted:
And do not eat of that upon which the name of Allah has not been mentioned
ولا تأكلوا مما لم يذكر اسم الله عليهOur Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناThe student: He will mention it...
The Shaykh : Will it come? Good, if Allah wills.