Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(41): “Killing an Animal by the Violent Blow Gun"

Date Added : 02-11-2015

Resolution No.(41): “Killing an Animal by the Violent Blow Gun“
Date: 6/7/1419AH corresponding to 26/10/1998.

What is the ruling of Sharia on anesthetizing cows prior to slaughtering them by using a special gun, where an iron bar penetrates the head of the animal and destroys its nervous system, then the animal loses consciousness, so it must be slaughtered by cutting its neck veins because anesthesia could harm it and cause its death, depending on the place of the blow?

Answer: All success is due to Allah.

The Board is of the view that using the above method is forbidden in Sharia because after receiving a violent blow with an iron bar, the animal`s life becomes unstable and could die before slaughtering in case the blow hit its respiratory center or the butcher didn`t slaughter it instantly. In this case, this animal becomes forbidden because it takes the ruling of dead meat for Allah, the Almighty Says (what means): “Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and that on which hath been invoked the name of other than Allah. that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety.“ {Al-Mai`dah/3}. And Allah The Almighty Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

       Dr. Mohamoud Al-Bakheet

Dr. Yousef Gheezaan

 Dr. Umar Al-Ashkhaar

     Dr. Mahmoud Al-Sartawi

Sheikh Saeid Hijjawi

            Sheikh Mahmoud Shwayaat

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Summarized Fatawaa

What is the ruling on the ablution of one who touches his wife without a barrier?

In the Shafi'i school, a man's ablution is invalidated by touching his wife if their skins meet (in any place) without a barrier, whether the touch is intentional or accidental. An exception to this is touching hair, teeth, or nails; these do not invalidate ablution. And Allah the Almighty knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.