Food from dubious restaurants

Questions

Published: 2012-05-07

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

Updated: 2012-05-07

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

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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