Intrepid wrote:
View original post
I do not have time to read what Mufti Ibn Adam (HA) has to say on the topic, but I have read all the arguments of many Scholars on the issue higher in pay grade then him. The entire book by Mufti Taqi Usmani is here:
www.central-mosque.com/index.php/General-Fiqh/meat-of-ahl...
There are two issues to consider:
- Dhabiha (see my earlier post) i.e. the mechanical procedure for slaughter
- Recitation of Tasmiyyah
The point which you are mentioning is the "accidental" forgetfulness of Tasmiyyah, I have heard this argument from Ulama since 1986 in America and this is the point which they exclusively focus on.
Shaf'ae Madhab DOES NOT allow to consume meat upon which deliberate and repeatedly Tasmiyyah is omitted, it is an error of these Scholars which is exactly what Shaykhul-Islam Mufti Taqi Usmani (HA) presented in his research to global scholars.
Following is a good enough summary too:
Yasir Qadhi on meat of Ahlus-Kitaab:
www.facebook.com/yasir.qadhi/posts/ive-received-a-lot-of-...
I've received a lot of queries lately regarding a certain meat company in America and whether it's halal or not. Because I cannot verify that company's policies myself, I will speak in generalities:
1) The majority opinion amongst the madhhabs, and one that I very strongly adhere to, is that only a ritually slaughtered animal is permissible to eat. And 'ritually slaughtered' includes two main conditions: cutting the throat properly while the animal is alive, and mentioning the name of Allah while slaughtering. (There are other conditions as well...)
Ibn Taymiyya writes, "The evidences that require one to mention the name of Allah at the time of slaughter are more numerous and more explicit than the evidences that require the one who prays to recite Surah al-Fatiha in the prayer."
Therefore, in my humble opinion, the meat commonly sold in all non-Muslim lands would not be permissible to eat because we know for a fact that the name of Allah has not been recited at the time of slaughter. [The Shafi'i school of law has another position regarding saying the name of Allah, and considers meat over which Allah's name has not been mentioned to be permissible; therefore we should respect this position and allow Shafi'is to follow their opinion without any belittlement of their position].
2) If a trustworthy Muslim who witnesses or is otherwise familiar with the slaughter informs us that the animal has been slaughtered with these conditions, then the basic ruling is that we trust what this Muslim says, unless and until he proves to be untrustworthy. In other words, Muslims are assumed to tell the truth and no other verification is necessary, unless there are factors that cause us to doubt such a Muslim.
3) If it is uncertain how the animal was slaughtered, the majority opinion (and some have even claimed ijma on this issue) is that for meat issues, we err on the side of caution and consider unknown meat to be impermissible unless and until verified as permissible.
4) If the animal is slaughtered in a such a way that the arteries and oesophagus are not cut (i.e., a 'vertical cut') then such an animal should technically be impermissible according to all schools of Sunni law.
5) If one person, based on his knowledge, believes that the conditions of slaughter have been met, whereas another person, based on his knowledge, believes that it has not been met, in this case the meat will be halal for the first person, haram for the second. Allah will judge our actions based on our intentions and knowledge of the situation.
In all circumstances, Muslims should strive to eat halal so that their duas are accepted and lives blessed; and we should respect the fiqh positions of respected authorities in defining what is halal and what is not.