Some say that the mention of the name is not obligatory for the Muslim’s slaughter, because if he were to speak, he would not speak except by mentioning the name of Allah (Mighty and Majestic)?
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The questioner : Some say that the mention of the name is not obligatory for the Muslim’s slaughter, because if he were to speak, he would not speak except by mentioning the name of Allah (Mighty and Majestic).
The Shaykh : This statement is very weak, because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 3178Sahih (Darussalam).
The questioner : Yes.
The Shaykh : And it is known that the Prophet (peace and blessings be upon him) was in the midst of the Muslim community, so he was addressing the Muslims in most of his addresses.
The questioner : Yes.
The Shaykh : Then, if the intended meaning were what these people said, he would have said, “Whoever lets the blood flow and slaughters it as a Muslim, eat it.”
The questioner : Yes.
The Shaykh : Then, the Messenger (peace and blessings be upon him) said to the hunters who send their dogs or arrows: Sahih Muslim 1929a So this condition is necessary.
The questioner : Yes.
The Shaykh : Then, His saying (Exalted is He)[Al-An'am 6:121] Therefore, the correct statement in this issue is what Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose, which is that the mention of the name is a condition in lawful slaughter, and that the mention of the name in slaughter is not dropped due to forgetfulness, ignorance, or intention.
The questioner : Yes.
The Shaykh : And that what the name of Allah has not been mentioned over is absolutely forbidden in any case, because the condition is not dropped by forgetfulness or ignorance. This statement is more appropriate than the well-known statement among the Hanbalis (may Allah have mercy on them), which is their school of jurisprudence, that if the mention of the name is left out in slaughter due to forgetfulness, it is lawful, and if the mention of the name is left out in hunting due to forgetfulness, it is not lawful. And if we were to look at reality, we would excuse the hunter more than we would excuse the slaughterer, because the slaughterer slaughters with deliberation and forgetfulness is rare from him, whereas the hunter shoots his arrow seizing the opportunity, and such a person often forgets the mention of the name. So the excuse of the slaughterer and the lack of excuse for the hunter would be more appropriate and more fitting, in terms of consideration, if the matter were reversed. But we say that what the Hanbali jurists (may Allah have mercy on them) held regarding the unlawfulness of the game of one who did not mention the name of Allah is the correct one, but we also include the slaughtered animal with it, and we say that if the slaughterer forgets to mention the name of Allah over it, it becomes forbidden and its eating is not lawful.
The questioner : Yes.
The Shaykh : This statement is very weak, because the Prophet (peace and blessings be upon him) said:
(Use) whatever causes the blood to flow, mention the Name of Allah
ما أنهر الدم وذكِر اسم الله عليهThe questioner : Yes.
The Shaykh : And it is known that the Prophet (peace and blessings be upon him) was in the midst of the Muslim community, so he was addressing the Muslims in most of his addresses.
The questioner : Yes.
The Shaykh : Then, if the intended meaning were what these people said, he would have said, “Whoever lets the blood flow and slaughters it as a Muslim, eat it.”
The questioner : Yes.
The Shaykh : Then, the Messenger (peace and blessings be upon him) said to the hunters who send their dogs or arrows:
If you send your arrow and mention the name of Allah over it
إذا أرسلت سهمك وذكرت اسم الله عليهWhen you set off your trained dogs, if you recited the name of Allah (while setting them off),
إذا أرسلت كلبك المعلّم وذكرت اسم الله عليهThe questioner : Yes.
The Shaykh : Then, His saying (Exalted is He)
And do not eat of that upon which the name of Allah has not been mentioned
ولا تأكلوا مما لم يذكر اسم الله عليهThe questioner : Yes.
The Shaykh : And that what the name of Allah has not been mentioned over is absolutely forbidden in any case, because the condition is not dropped by forgetfulness or ignorance. This statement is more appropriate than the well-known statement among the Hanbalis (may Allah have mercy on them), which is their school of jurisprudence, that if the mention of the name is left out in slaughter due to forgetfulness, it is lawful, and if the mention of the name is left out in hunting due to forgetfulness, it is not lawful. And if we were to look at reality, we would excuse the hunter more than we would excuse the slaughterer, because the slaughterer slaughters with deliberation and forgetfulness is rare from him, whereas the hunter shoots his arrow seizing the opportunity, and such a person often forgets the mention of the name. So the excuse of the slaughterer and the lack of excuse for the hunter would be more appropriate and more fitting, in terms of consideration, if the matter were reversed. But we say that what the Hanbali jurists (may Allah have mercy on them) held regarding the unlawfulness of the game of one who did not mention the name of Allah is the correct one, but we also include the slaughtered animal with it, and we say that if the slaughterer forgets to mention the name of Allah over it, it becomes forbidden and its eating is not lawful.
The questioner : Yes.