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Food from dubious restaurants

Views: 2206492 Last Updated: 07/05/2012
Question

 

Hadhrat,

As Salamo Alaikum,

Please read the below and tell us the authenticity. I am from the Hanafi School of thoughts and I want to know would it be alright to forward the information of Abdullah bin Baaz. I would be more thankful if you can also elaborate some Masails which differ with Abdullah biz Baaz from Hanafi Maslak and how authentic he is to follow.

Jazakallah

Waiting for your detailed and earliest response.

Faisal

  *Meat from dubious restaurants*


  I know that this question has been addressed, but I am still
  confused as to all the circumstances in which it is permissible.
  Basically, is it permissible to eat meat from restaurants if it is
  not known whether the name of God has been pronounced at the time of
  slaughtering of the animal?

  Shaykh Ibn Baaz Rahimahullah in Fataawa Islamiyyah, 3/414

  Praise be to Allaah.

  If these restaurants are in a country where the slaughter of meat is
  taken care of by Muslims or People of the Book (i.e., Jews and
  Christians), or the restaurant owners take care of the slaughter
  themselves and they are Muslims or people of the Book, then it is
  permissible to eat there, even if we do not know whether they
  mentioned the name of Allaah over the slaughter or not, because the
  basic principle is that their meat is allowed.Al-Bukhaari
  (2057)narrated from ‘Aa’ishah (may Allaah be pleased with her) that

  some people said, “O Messenger of Allaah (peace and blessings of
  Allaah be upon him), some people bring meat to us and we do not know
  whether they mentioned the name of Allaah over it or not.” The
  Messenger of Allaah (peace and blessings of Allaah be upon him)
  said: “Say the name of Allaah over it and eat it.”

  But if the slaughter of meat is taken care of by people other than
  Muslims or people of the Book, such as atheists and Hindus, then it
  is not permissible to eat it.

  It should be noted that meat slaughtered by a Muslim or a Jew or
  Christian is permissible if it was slaughtered in the manner
  prescribed in sharee’ah or if we do not know how it was slaughtered.
  But if we know that it was slaughtered in a way other than that
  prescribed in sharee’ah, such as by strangling, electric shock, etc,
  then it is maytah or dead meat and it is haraam to eat it regardless
  of whether the one who killed it was a Muslim or a kaafir, because
  Allaah says (interpretation of the meaning):

  “Forbidden to you (for food) are: Al‑Maitah (the dead
  animals—cattle—beast not slaughtered), blood, the flesh of swine,
  and that on which Allaah’s Name has not been mentioned while
  slaughtering (that which has been slaughtered as a sacrifice for
  others than Allaah, or has been slaughtered for idols) and that
  which has been killed by strangling, or by a violent blow, or by a
  headlong fall, or by the goring of horns — and that which has been
  (partly) eaten by a wild animal — unless you are able to slaughter
  it (before its death)”[al-Maa'idah 5:3]

  *Shaykh Ibn ‘Uthaymeen Rahimahullah said:* (From Fataawa Islamiyyah,

  3/415)

  One of the following three scenarios must apply to this meat:

  1 – We know that it has been slaughtered in the proper manner. This
  meat is halaal.

  2 – We know that it has not been slaughtered in the proper manner.
  This meat is haraam.

  3 – We are not sure; we do not know whether it has been slaughtered
  in the proper manner or not. The ruling in this case is that the
  meat is halaal, and we do not have to ask about how it was killed,
  or whether the name of Allaah was mentioned over it or not. Rather
  it seems from the Sunnah that it is better not to ask or try to find
  out. Hence when they said to the Prophet (peace and blessings of
  Allaah be upon him), “we do not know whether they mentioned the name
  of Allaah over it or not,” he did not say to them, Ask them whether
  they mentioned the name of Allaah over them or not, rather he said:
  “Say the name of Allaah over it yourselves, and eat it.” This
  tasmiyah or saying of the name of Allaah which the Prophet (peace
  and blessings of Allaah be upon him) told them to do is not the
  tasmiyah of slaughter, because the slaughter is over and done with.
  Rather it is the tasmiyah of eating, because what is prescribed is
  for the person who is eating to say the name of Allaah when he eats.
  The correct view regarding saying the name of Allaah when eating is
  that it is obligatory, because the Messenger of Allaah (peace and
  blessings of Allaah be upon him) enjoined it, and because if a
  person does not say the name of Allaah, the Shaytaan shares his food
  and drink.

  If a person wants to be cautious and forego eating this meat, there
  is nothing wrong with that, but there is also nothing wrong with
  eating it.

  And Allaah knows best.

  /********************************************************************************/


Answer

 
Last Updated: 07/05/2012

In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

JazakAllah for your inquiry.

With due respect to Sheikh Bin Baaz (RA) Fatwaa which is based on the literal text of the Hadith, scholars of Deoband differ to his opinion for several reasons.
The following article written by Mufti Mohammad Ibn Adam explains the issue in detail.


   Meat of Ahlul-Kitaab (People of the Book)
  
<http://www.central-mosque.com/index.php/General-Fiqh/meat-of-ahlul-kitaab-people-of-the-book.html>


http://www.central-mosque.com/index.php/General-Fiqh/meat-of-ahlul-kitaab-people-of-the-book.html



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