Hamzah Wald Maqbul – Mlik Fiqh Ritual Sacrifices Part ii Ribat 07072022
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AI: Transcript ©
We're gonna read
the second half of our
lesson with regards
to the old Hiyya,
also known as Borbani for the
Desi slash Persianate public,
and
then some other that are relevant to it
subsequent.
So where we left off,
last week was
talking about what a person should say when
they
slaughter the animal, which is Bismillahullahu Akbar.
Bismillahullahu
Akbar.
And,
Ibn Abi Zaid
he
adds,
that whoever adds to the Bismillah and Allahu
Akbar for the and,
for the ritual
sacrifices. There's a difference between sacrifice and slaughter.
The ritual slaughter of Islam is,
you know, what was described
hitherto.
But the sacrifice is something that is
from a ritual
from from a religious occasion,
which includes the
and it includes the,
of of Hajj,
and it includes.
There is some difference of opinion between the
as to certain other more obscure types of
ritual slaughter, but,
there's a
an author attributed to that,
in which he mentions
he mentions that the the rusl
of Janaba,
hasn't has abrogated the necessity of all other
rusls,
and the,
fast of Ramadan
has abrogated the necessity of all other fasts.
And these the slaughter of has abrogated the
necessity of all other
ritual slaughters.
And so even the the itself,
you know, it's not Wajid. This is a
proof that it's not Wajid.
And interestingly
enough,
according to
the opinion of Imam Abu Hanifa, the
itself is not even a sunnah. It's just
permissible.
Whereas,
in the, in the other in the other
schools,
it is,
it is considered to be a sunnah. But
we'll talk about
shortly inshallah.
And so he says,
That that's there's nothing wrong with that. There's
no problem with that. And so this
this expression, indicates
the possibility
of suboptimality,
But, again, Malik I
don't think he
liked things to be added just out of
the fear of people thinking that these these
additions are
somehow
an obligation or
the slaughter is not valid without them.
And that was the and the consciousness of
those first generations before.
The the was written and well known.
And while it was still a
a
an oral tradition that was passed from people
to people, So there is a great emphasis
on making sure that you do things exactly
how they come from before,
not adding or subtracting anything from them that
may not have been harmful to add or
subtract, but that would have reduced the resolution
of of clarity of how how those things
used to be.
And so this is an important,
which has to do with the issue of,
which is to say the name of Allah
over each
slaughter,
or over each sacrifice.
That he says that whoever forgot forgets to
say
that in and of itself is not it
doesn't,
invalidate the slaughter. If you forgot, if you
forgetful just in the moment, you're not you're
trying to wrestle the animal and, like, keep
the legs together or grab the horns or
whatever,
or for whatever reason you're distracted somehow,
if you forget to say it, you would
have to someone stopped you, paused life, and
said, okay. Alright. What are you supposed to
say now? You would say,
but for some reason, you just it just
doesn't come out
unintentionally.
That that slaughter is still valid.
Whereas a person who on purpose doesn't say
it. It's in their mind, like it's there,
and they just don't say it.
They just don't say the take the name
of Allah
That invalidates the
that invalidates the slaughter. That invalidates the sacrifice.
And, this is a really important issue. From
amongst the Madahib,
you see,
you see the, the Shafi'i, they consider the
to be a sunnah.
And,
I'll, you know, let the scholars
explain in in in authoritative detail their own.
However, my understanding is that there's a that
that's narrated that Imam Nawawi
uses as a proof of their position that
Bismillah lies there in the heart of every
every Muslim. But,
in general, the the madham of the Jamhur
is that that you have to say Bismillah
Allahu Akbar when
when slaughtering over the take the name of
Allah over the slaughter. The idea being that
the killing of an animal is otherwise haram,
but this is an exception to the rule.
And this is a particular ritual,
a particular ritual
performance that invokes that the exception can be
invoked through and not without,
whether you take the position
of
of the or not. But it is you
know, slaughter is a ritual,
performance.
And like that, when a person who's hunting,
releases the implement of hunting. So if you
have a spear, for example, you throw the
spear, you say at the time of throwing
the spear. If you have a hunting dog
and you release the hunting dog at the
time of releasing the hunting dog, you say
If you have
a bow and arrow
or some sort of projectile at the time
of re releasing the projectile, you say.
There's an extremely instructive discussion with regards to
the wisdom of the slight difference between,
between hunting and
between,
the ritual slaughter,
with regards to Tasmeya in the Hidayah, which
is definitely a Hanafi shirk book, but the
the
the discussion is an Usuli discussion.
It's a a principal discussion. It's not one
of Taqleel.
And so
the discussion is this, is
why is it while you're
slaughtering,
you say
over the animal,
whereas when you're hunting, you say it over
the implement.
And,
what's the difference between the the the two
of them?
And
the first thing you have to understand in
order to understand this question is that, first
of all, slaughter
the slaughter of domesticated and, livestock and,
hunting Right? Like in the Maliki School, for
example, the the hunted
animal of Right? Like in the Maliki school,
for example, the the hunted animal of Ahluqitab
is not
considered to
be jais. In the in other schools, my
understanding is that they consider it to be
jais as a an analogy over the slaughter,
but, explicitly, the the
the hunching is not mentioned explicitly,
in,
in in the the Nasr of the Quran,
whereas it's just is mentioned. And so what
what does that mean? Does that mean the
domestic the normally slaughtered animals, or does it
include hunting? Malik, you considered it not to
include hunting.
So at any rate, the the issue that
that comes up
is why is it that you say it
over the animal in
the in in the slaughter
in, but you say it over the implement
in hunting.
And the reason is that
the
the last thing you have control over when
you're slaughtering
is the animal.
You literally have control of the process from
the beginning to the end. The animal is
in your possession from the beginning. It's bound
up. It's controlled by you 100%. You get
it to face the the blood, etcetera, etcetera.
If the animal goes rogue, you know, there's
a whole set of different akam about that.
But in general,
domesticated animals are
are completely,
under
in hunting,
because it's a wild animal, by definition, it's
wild. You don't have control over it.
So
the last thing that you have, the Akhram
Akhdu, the last thing you have control over
it is the implement. So you have the
gun, that's in your control. You have I
mean, whether or not the hunting with bullets
is valid or not is a whole separate
issue,
but,
you know, assuming that it's valid.
You know, that you have control over your
hunting dog or hunting cheetah or falcon or
whatever.
You have control over the spear. You have
control over the arrow.
And that's the last thing you have control
over. And so that's that's a relaxation from
the sharia that you can say the tasimiya
one step removed from the actual process of
killing the animal.
And this
this dispensation is only there for hunting wild
animals.
You can't do that with domesticated animals. That's
why you can't shoot an arrow. Say Bismillah
Allahu Akbar shoot an arrow at a domesticated
animal because you have the ability to actually
slaughter it. And on the flip side,
when you hunt an animal, if you are
able to, at some point or another,
slaughter it, you know, the normal through the
normal you have to. So, for example, if
somebody throws a spear at, like, a large
animal or throw you know, hit shoots an
arrow at a at an animal and catches
up with it before it's actually dead dead,
you're still obliged to
to to do the the the process of
the of the the actual slaughter
of the animal like you would with a
domestic animal.
And if an animal goes rogue, there's a
whole separate set of fit. Like, in the
Hanafi mad hub, they called it the the
there
are there are certain
rules and regulations about
how you slaughter a domesticated animal that are
weighed because
of itirad because of the rura,
which are not there in the Maliki madhab.
You can't just, like, you know, like, just
because a a domesticated animal is being unruly,
you can't you just can't take the gun
out and shoot it or whatever. Right? But
the point is is what? The point is
this, is that the Tasmia is Wajib over
the the Akhir Mahdur,
the last
point where
you have control over
sorry.
The last,
make the tesmia.
And,
what does this what does this Usui framework
mean for
for, for example, the argument that machine slaughter
is dais.
Because the Akhir Makdura alayhi still the animal
still your it's Makdura alayhi but you're turning
the machine on and saying Bismillah Allahu Akbar.
This is why from the Fatawa I've seen,
at least from the Maliki scholars that that
that
that I've clarified with them. They don't say
that it's permissible, that they say that indicate
permissibility,
for a person who's not able to find
something else,
which is not the Hatikhi case, at least
not in Chicago or most of the United
States.
But,
it involves
an analogy between
the tasmya of hunting and machine slaughter,
Which as far as I can tell, it
doesn't it's not an analogy that I I
I find apt.
And the hapika is not described by that.
The hapika is what? Is that literally you
bring the animals in cages to the
to the factory.
If somebody even put their hand on the
animal when passing it under the mechanical blade
and said,
brought every animal.
You know, I don't think there would be
really an argument to say that this is
this is not Jais.
Or at least the argument would be a
lot weaker. However,
the issue is what? Is that you're having
like a 120, a160, a 140, a180,
you know, over 200 in some cases, birds
per minute passing through. Even if there was
somebody there, like, you know, Allah, Allah, Allah,
Allah. You can't you can't really do that,
you know?
It's not really possible. Can you imagine somebody
who's making that mazikr, masha'Allah?
He would be, like, on the line for,
like, 3 days and, like, on the 4th
day, like, the isharak would happen and he
would, like,
be able to, like, see and hear, like,
for 10000 miles in every direction and, like,
understand, like, all the secrets of the of
the universe and whatever.
And,
he probably wouldn't be slaughtering birds anymore. But,
anyhow, this is a this is a irrelevant,
irrelevant issue.
Again, not to, like, go and beat up
other people with or whatever. People are gonna
listen are gonna listen. People are gonna disagree
are also gonna disagree. But for people to
understand whether they disagree or not, sometimes it's
good to think about stuff.
And, you know, as for us, advocates for
life.
A person doesn't ever sell any part of
the
Korbani
in the Urdu sense, of the and,
nor of the Aqika because that's also a
ritual slaughter. Nor of the Nusuk, meaning hadaya
of Hajj, whether they be voluntary or whether
they be penalties or Jaza al Said. These
are also, Jaza al Said is also a,
a ritual slaughter. Like, if a person kills
an animal on Iram,
you know, people say, oh,
Well, the Quran actually says, like, there's certain
masala. Actually, after you have to go ask
a holy about it. In in this case,
not 1 but 2.
Where if you kill an animal,
a person who's learned in 5th, you have
to show them the animal or, like, at
least describe it to them properly.
And then he'll tell you what type of
animal they have to
slaughter in order to in order to make
recompense for it. Right? So, like, if if
you're in ihram and you kill, like, an
elephant with ayaadu billah. Right?
Then, you know, you're gonna have to sacrifice
like a herd of goats. It's gonna be
a lot I mean, it's gonna be a
lot of animals you're gonna have to sacrifice
to make up for it.
So don't do it. But the point is
is that is that,
the nusuk,
that's another just how to say there's another
type of another type of ritual sacrifice associated
with Hajj.
No parts of any of them can be
sold.
You can give them like in in Pakistan,
I assume it's like this in other Muslim
countries too. You ever done?
Do they have this in Pakistan? Like, people
come and collect the hides?
Like charities or madaris or things like that?
Because they they sell them to, like, leather.
They can sell them, but you can you
have to gift it to a person and
they can sell
them. And so they're, like, turf wars over
who, like, picks up the the hide.
So, like, whatever sectarian or, you know, this
political party's, like, humanitarian organization will hire thugs
to, like, you know, push off the political
party other political party's humanitarian organization to pick
up hides in a certain hood or whatever.
You know?
They go they go straight up like
you know? And you're like, normal people don't
even know that they're like 2 different things
and like, you know, like they'll go crips
and bloods on each other over the hides.
Yeah.
I haven't seen that unfortunately. Welcome welcome to
the real world. I think you guys don't
suffer from a lot of these issues in
MR because the the iron * control does
have some benefits.
Yeah. Let's be honest. Freedom is good, but
it's not all it's cracked up to be
at times. You wish there was a little
less freedom in the world. I'm not endorsing
or or denouncing any any of the above.
This is Darce. But I'm just saying, you
know, just to be fair, sometimes, like, when
you have iron * control, like, there's, like,
less shoplifting or whatever because they know you're
gonna get hooked up to a car battery
afterward or whatever.
They will catch you and you will die.
Yeah.
So,
yeah. So he he says for for emphasis,
he says,
So he says, neither the hide can be
sold nor can the fat be sold nor
can the nerves be sold
nor nor anything other than that. You can't
sell sell any part of it. You can
give it to someone. Once that person gets
it, they can do it what they want
with it. But, you know, you can't the
the one who's ritually sacrificing, they cannot sell
any part of it or financially benefit from
any part of it.
It's for a person to eat some part
of their
and to,
give
in part is the best the best way
of dealing with it.
But it's not it's not it's not necessary.
A person could theoretically eat their entire animal
or they could give their entire animal in
charity.
And there's no hada either. It doesn't have
to be a third, a third, a third.
You don't have to measure it out that
way. Rather the athbalyah is that some part
of it should be
eaten by a person and their own family.
It should be gifted to their own family
and relatives and some part of it should
be given in charity.
That's what the what the, what the what
the the the best is. And everyone's needs
are different, you know. If you're just like
a dude living on your own, what the
* are you gonna do with the whole
goat? Right?
But,
I don't know man, you come around guys.
You know, he's
he hits into that gym real hard sometimes,
you know?
So,
but you know, so you need that protein,
you know?
But, but but yeah. See, Masha'Allah. Thank you.
Masha'Allah.
So no, Masha'Allah. You're not you're not behind.
So so, you know, but then, like,
you know, how much are you gonna eat?
And then on the flip side if somebody
has like
a large family and is not super well
off,
you know, sometimes the charity begins at home.
They can give a little bit less in
charity and keep more for the family inshallah
so that so that they don't they don't
wrong
wrong their family. This is an important concept,
not
not directly related, just tangentially related. But, you
know, if you're a father, if you're a
mother, if you're like a brother or sister
or whatever, you gotta take care of your
own family. Don't treat them as second class
citizens or whatever. You know, because if you're
a father, you're the only Baba your kids
got. They're not gonna nobody else is gonna
be that for them, can be that for
them.
So you gotta take care of your own.
That's not selfishness.
That's actually optimization and charity. It doesn't mean
that you forget the whole rest of the
world exists but it, you know, it should
be your focus.
So yeah, keep keep part of the for
them as well.
But if, you know, depending on your circumstances,
if you have like only one child or
if you, you know, are really wealthy or
you're
you're just alone or whatever. Give more of
it to charity, eat less of it. But
the point is the sunnah is that you
should adjusting based on your circumstance, you should
eat part of it and then you should
give part of it to your family and
friends and you should give part of it
in charity.
And that's like one of the amazing things
about
about Islam. Otherwise, like,
Mau,
you know Mau?
He had the first time he had an
egg was like when he was 18, I
think.
And he grew up to be a complete
like complete like psychopath.
Right? There's a lot of like berahmi in
the world. There's a lot of like lack
of mercy in the world. And,
you know, MarSha'an Eid everybody gets to like
enjoy. No matter how broke you are, Eid
is Eid is Eid. Like you're gonna you're
gonna get some some meat to eat or
some, you know, you're gonna taste something and
have something nutritious that you didn't have from
before. Otherwise I, you know, I mentioned this
maybe in the majlis a couple of times
before. I remember my own nani, rahimahallahu ta'ala,
who was a very pious woman, she grew
up in the bind. She said that many
years would pass that the only time she
had meat was on the ila adha.
So it's good. Don't sell any part of
it. Give some of it away even to
people who just don't don't know and who
are just
just the poor.
So he says that from all the ritual
sacrifices,
a person isn't to eat from fiddiya. Meaning
if they if they sacrifice an animal for
breaking one of the conditions of ihram, they're
not to eat from that fidya. All of
it has to be eaten by others.
They slaughter pay for it, slaughter it, sacrifice
it, and then it's given away to others.
All of it in complete and totality.
Nor from the Jaza'ud. If they if they
kill an animal in a Haram,
the the the Jaza which is
hukum is made by 2 upright people of
knowledge.
They they cannot partake in it. Nor the
Nadir ul Masakin. If a person makes another,
takes a vow that by Allah, you know,
if such and such either conditional or unconditional
if such and such thing happens or just
by Allah I'm going to sacrifice
x y z animal or a number of
animals
or type of animals
for the sake of Allah than a per
for the for the for the for the
poor, than a person doesn't eat from that,
nor
a voluntary hadith.
Hadith hadith is the sacrifice of Hajj,
the voluntary
hadith that a person brings with them. Because
in the old days people used to come
with their own animals. This is one of
the reasons the Rasul salallahu alayhi wasalam, he
told the companions
to
make,
to make tamatur and hajj.
And they asked, well how come you're not
doing it?
And so he said, I brought all these
animals with me
and made ishar of them. Like when you
make a haram, ishar is like the iharam
of your
your your animals that you're gonna sacrifice.
So he goes, I cannot
I cannot come out of ihram until they're
all slaughtered and that's gonna happen,
you know, after after Arafat.
And so,
so people used to bring their animals with
them. Now I'm pretty sure they'll they'll shut
you down pretty hard for whatever health and
safety regs or whatever. You know, the thing
is if we wanted to make it happen,
we could find a way. But,
on the flip side of the the same
coin, it's hard. So, like, I understand.
Like, I don't want anyone who's had their
stuff, like, messed up by lives other people's
livestock before can, like, should understand the other
side of the argument too.
Yes.
So
when you're bringing your livestock to Hajj,
to slaughter,
If any of the if the animal gets
sick on the way, you're not just gonna
let it die. Right? If it's clear the
writing's on the on the wall
to use a biblical
reference,
that it's just it's just gonna die. Then
you you slaughter it there.
But
if it had made it to Mina and
it was a voluntary sacrifice you could have
eaten from it, but because it was slaughtered
in order you know, these things
the rules are the rules because they're the
rules. Right? But one of the hikmas, the
wisdoms in it is it disincentivizes
a person jumping the gun.
There's some sort of interest in, like,
trying to see that it make it to,
it make
it to Arafat and Mina.
Just like there's an interest in not,
in not
hunting an animal when you're in ihram or
breaking terms of your ihram etcetera.
Other than that, all the other type of
hadayah and all the other types of ritual
slaughter, including the aqiqah, then the person who's
slaughtering it also eats from it.
It.
If if a person wishes to.
Okay. So there's a couple of Masai here.
First is that the valid slaughter is affected
by
slaughtering from the
front to the back, not from the back
to the front.
Not from the sides, from the front to
the back.
Okay. Fine. It doesn't have to be, like,
exactly in the front. Right? It could be
a little bit but it should be in
the front half not in the back half.
And,
there are 3 vessels that have to be
cut
in order for the slaughter to be valid.
But the there there are 2 to 3
vessels that have to be cut in order
for the slaughter to be valid according to
the different mihdahib.
And they differ on them. So the way
that you do this right is you can
sever all 4. That's the sunnah anyway.
So they're the wadhi jain, which are the
two carotid arteries that go up and down
from connect the brain to the heart.
And then there odaj.
It can be used in the dual or
in the plural.
And then there's the which is the trachea.
And then there's the,
which is the esophagus.
So in the school, the
Halqum have to be have to be cut.
And, in
the Hanafi school, any 3 out of the
4 have to be cut for the slaughter
to be considered valid. And the Maliki school
is a particular 3. That it should be
the odaj,
the the the carotid arteries, and it should
be the
the,
the.
My
posting for the Maliki school here,
not that anyone should take offense if they
follow a different motherhood,
is that
the wisdom of cutting the is that the
ru leaves easily.
Because it has to do both the word
and both have to do with, like, air
or the movement of air. It's somehow it's
an idea that
the and the have someone is, like, in
their breath. It's not the breath itself, but
it's somehow, like, that's the space it occupies.
That's the the the medium in which it
is. And so it leaves easier when the
whole clump is severed.
You know, because the thing is you see
an animal might kick for, like, some time.
Right? But what is spiritually what is the
death of the animal? This is the quickest
way of dispatching the animal spiritually. The body
can twitch for like a, you know, for
like an hour afterward. It doesn't harm because
the spirit has already left so there's nothing
to feel it. It's just like,
like a robot twitching or something like like
that, you know?
If our matrix overlords are listening, you
know,
forgive me for that. But,
I don't I'm told I'm told by people
in AI that it's not not not anywhere
close.
Who knows maybe the robots are making them
say that, who
knows? So so yeah.
That that that part of it a person
should not be unnerved by. Rather the leaves
quickly with the cutting of the hulkum.
And,
the
the Wadi Jain is the is where the
animal bleeds out,
which renders the animal unconscious
really quickly. Like, really quickly.
Imagine there are people who have like they
suffer from like POTS. Like you stand up
too quickly, the blood like drains from the
head and you just get dizzy and you
pass out. Right? How how long does that
take?
It's really quick. You stand up and you're
like,
you know, and like if you don't, you
know, you see it's coming
but it's not a, it's not a painful
process. B,
it's not a it doesn't take a long
time for that process to happen. You have
to brace yourself relatively quickly otherwise you literally
might fall over and hurt yourself. Right?
So what do you think is going to
cause your brain to lose pressure faster?
Standing up quickly or severing both carotid arteries
quickly?
A person might say well it's painful to
get cut in your Okay. But like how
long is that pain gonna last? It's gonna
cut last a
second and a half, 2 seconds, a fraction
of a second, something like that, you know?
Before the brain is completely unable to even,
like it just doesn't have enough oxygen to
like deal with whatever's going on. Right?
And so this is one of the reasons
actually that
that, you know, a lot of the sunnah's
of slaughter are are the way that they
are.
Is that,
one of the reasons that a lot of
the sunnahs of of slaughter are the way
that they are is that,
there are
reactions in the animal
that are there to
slow that process down of just like losing
blood really quickly.
And a lot of them have to do
with the fear. The fear and the anxiety
that the animal has.
And so the more anxious the animal is,
the more fear the animal has, the more
it's like thrown around and it sees the
other dead animals and it sees the blood
everywhere and it smells the death everywhere or
whatever.
The more it's like in anxiety adrenaline mode
and it actually actually causes the the in
particular,
the the arteries that supply blood to the
brain
to constrict,
in order to hold that, you know, hold
that
ability to, you know, like that that ability
to think and and to shunt
your the blood and your,
nervous
resources to reacting with the body as much
as possible, which will actually extend out that
that period of the animal being alive after
its throat gets cut. I mean, it's not
gonna survive anyway. Right? But that physical that
physical life, it actually extends it out.
And,
this is something that's borne out by
by research.
This is borne out by a lot of
research. I was actually I actually wrote a
a,
one of the longer expert witness testimonies I
wrote was for
some,
you know,
welcome, level Wiegans.
They they I say Wiegans with a w
on on purpose.
They they
like did some sort of like underground like
expose of like a halal farm somewhere.
And
so I had to review all of their
like undercover footage and this and that.
And
one of the contentions was there's no way
that you could possibly,
slaughter an animal humanely when it's done.
And so you go and look at the
whatever,
Joe Regenstein and
I don't know if it's Joe something Regenstein
and maybe I'm confused with Joe Joe Regen,
but Rogan. But,
something Regenstein and and Temple Grandin,
they did
a lot of studies on this that the
animal actually if it's as long as you
don't freak freak it out it actually dies
relatively quickly when you you slaughter it according
to both Muslim and Jewish ritual slaughter methodologies.
So they they they don't advocate one over
the other. They say say, if you wanna
stun, then this is the way you're supposed
to stun. If you wanna do a ritual
slaughter, this is the way you're supposed to
do it. Both of them can have pretty
similar outcomes.
So, yeah, that's that's that's the the benefit
with that. But, obviously, when someone is
slaughtering, they should they should sever all 4
vessels because it's a difference of opinion. The
sunnah is to sever all 4 at any
rate. So he mentions he mentions the mas'allah
that if a person's in the process of
killing the animal
and they lift the knife from the throat
and then they realize like, oh, I didn't
cut everything and then they go back to
to finish the job that such an animal
shouldn't be eaten from.
That such an animal is haram.
Now the tafsila is what the details is,
if it's something just like a second or
2 or whatever, that's fine. But if it's
like if a person goes away for a
minute or something like that. Because they've actually
killed the animal.
The animal's legally dead already.
And,
slaughtering an animal that's already dead doesn't help.
And this is another thing is that a
person should be their mind should be in
a place that the kill should be quick
and it should be seamless and it should
not take a lot of time. Because when
you have to saw at the neck of
the animal like that,
it just gives it like all this more
time to like react and freak out and
like, oh, my God, what's happening? And like
all the constricting
of blood vessels and things
nerve in this nervous system that happen and
these adrenal responses and things like that. It
just gives more time for all of that
to run amok.
And so a person should have a,
you know, the hadith of the prophet salallahu
alaihi wa sallam is that the person should
should
sharpen their knife, and they
should,
you know, give a break to the to
the animal that they're slaughtering.
They should give a break to the animal
they're slaughtering, that it shouldn't have to go
through more more difficulty than it otherwise
otherwise would have to go through.
And, you know, the industry has
different things. There's actually a slaughtering
implement
which is
not very politically correctly named but,
but apparently it's called the Jew knife. I've
held the Jew knife before. It's a very
long knife. It's 2 and a half times
it's supposed to be the blade is supposed
to be 2 and a half times the
length of the neck that it's cutting. And
the whole point of the JU and it's
like made out of very high grade
steel and it's extremely sharp. It's, like, disturbingly
sharp how quickly it passes and easily and,
like, seamlessly passes through flesh.
And, the whole point with the Jew knife
is it should be one stripe. You shouldn't
even have to go back and forth. And,
this is this is the ideal. This is
the way that slaughter should happen.
So whoever is going, like, you know, this
Eid to go and slaughter with their own
hand. One of the things we did which
was I think it was a good idea.
Right? Last like last time we we just
went and got like a high carbon steel
knife.
One or one of the high carbon steel,
like, ceramic knives or it doesn't have to
be ceramic knife but a high carbon steel.
So the blade is really hard
and, you know, what's the downside of the
carbon? High carbon steel is like it breaks
easier and, so it's not as durable. But
if you're only gonna, like, spend like $11
on a one day to do it, you
know. Oftentimes the knives that they have,
for cutting in the places where they do
the Orbani, they're not as sharp, and they're
not as easily to easy to sharpen, and
you're not, like, in a position to sharpen
them as as much as you need to.
So
so it really does make it really does
make a big difference.
So he says if a person if a
person doesn't cut deep enough and they lift
their hand for appreciable amount of time and
then then they go back to it quote
unquote finish the job,
that's not that's not cool. That's that that
animal is not just to eat from. If
a person is overzealous and keeps cutting until
they decapitate the animal, this is makru. This
is bad. You're not supposed to do this.
However, it doesn't render the animal
haram to eat. The idea is what? Is
that you should
sever these, vessels that were named
and then afterward,
let the animal bleed out and, like, stop
moving and, like, you know, like let all
even traces of life leave the body before
you further process the animal.
That's the that's the that's the the proper
way of doing it.
But because the the legal slaughter has been
affected at this point,
it's still valid to eat from. I don't
ever recall being that zealous in slaughtering
a head of cattle or
a lamb or sheep, goat.
Although with chickens you can do it very
easily with chickens because their necks are so
small.
So just be careful with it, you know.
But if you have to on one side
or the other it's better to keep cutting.
You don't wanna, like, just half cut and
then, like, be like, oh, do I have
to cut more? And while you're thinking that
process, the poor animal is,
like, freaking out.
Whoever cuts from the the side of the
neck,
they, that animal will not be will not
be eaten because you legally kill the animal
by severing its spinal cord before you before
you get to the process of the slaughter.
Interesting, interesting,
interesting
story.
A very politically incorrect story that I'm not
going to mention the whole,
Lymanov on the recording, but it's really funny
anyway.
But the interesting part that's relevant to this
is that,
they said one of the Imams of the
Salaf,
he
liked chicken a lot.
So he had 3 chickens and he ordered
the servants to like fatten the chickens up.
And, they got fat and, you know, they
were like, you know, because the thing is
chicken the chickens that they have in the
slaughterhouse are like really sick of birds. Allah
help us Allah forgive us. It's not good.
It's not right to have keep anything living
thing like that. But otherwise a chicken that's
like
you know that that that is actually free
range not like commercial
advertising free range,
that's a really beautiful animal,
So he had these chickens like you know
all desimorgh
like ready to go, you know?
And so then he ordered the slaughter a
slaughter to slaughter them and he slaughtered all
3 of them in quick order from and
he cut from the back of the neck
and he's like, ah.
You know, and he goes like, they were
good looking birds. I don't know that they're
permissible to eat.
So take them to take take but go
to Saeed bin Musayib
and,
ask
ask him if it's permissible or not.
And, Saeed bin Musayeb, he's like, yeah. No.
I I don't I don't know it to
be permissible.
And then someone
told the story to Imam Malik later.
And he's like, I don't know it to
be permissible. And so the Mas'allah, the reason
this issue is this story was mentioned in
the fiqh books. Everybody knows it's relatively well
known masala that you can't slaughter from the
back of the neck.
But, the the reason that it's mentioned in
the fiqh books is
is that,
no none of them objected
to 3 imams of the salaf, none of
them objected to fattening the animal.
So I don't know if someone can like,
someone who wants to like do halal fogha
and whatever they can pay me $300 an
hour to give them the reference for this
story or whatever. Not that I think that
that's the same exact same thing, but anyway,
just just show the how much the Masha'i
used to think about these things.
Anyhow,
Yeah. This is a big issue. Right? This
is one of the issues with Stunning.
Is that are you legally killing the animal
before you actually slaughter it?
So there's some types of stunning that don't
do that and there are some types of
stunning that do. Anything that, you know, there
are Maqatal,
in in in the Malachy school, there are
those things that are that legally are tantamount
to death. So you cut the the gut
of the animal so much that it exposes
their, like, the stomach and the internal organs.
If you
if you sever the spinal cord, if you
break the brain casing,
if you puncture the lungs, like, you know,
these things to the point that the lungs
collapse and things like that. These things basically
legally kill the animal. So afterward you can't
you can't slaughter it because it's gonna die
anyway, you know. So in in the Safae
school, in the Maliki school it's enumerated what
those things are.
In the Shafi'i school,
it's just a general principle that the animal
should have hayatunustakeira.
That whatever it's suffering from at this point
shouldn't be the cause of its death.
As long as that's it's like so if
an animal has it like a cough or
sneeze or whatever, that's not probably not gonna
be the cause of its death. You can
still slaughter it. But if an animal has
like, you know, like whatever, like half of
its body has been eaten from a wild
animal or whatever, you can't slaughter it. Whereas
in the Hanafi school, the
the the benchmark is the most lenient that
an animal just has to have
just has to have some sign of life
in it.
It's definitely the most lenient, and so some
of, you know,
some of what we eat is only valid
through that
benchmark,
in terms of the actual halal industry.
But this is one thing, like, you know,
for example, I know because I work as
a certifier as well. When I do inspections
in chicken plants and things like that, or
in anything. Anything that the the injury is
unreversible.
That the animal will not recover from, we
don't allow it.
And in general we we we have a
clause in our standards that
that, if there's ever a market in which
there's a stunned product and otherwise, other than
the stunning, everything else is valid.
We will certify
and there's no competitor. We'll certify the the
ones that stun until and unless the competitor
comes that that doesn't that doesn't stun, and
at that point the, you know, the the
contract holder has
the option to either switch to non stunned,
or,
or lose their certification.
And, but that's only for the stunning that's
reversible that the animal will stand up from.
So, like, you take the chicken, they dip
the chickens in in, like, electric electrified bath,
before before slaughtering them.
And this is again, it's all USDA stuff,
like, because, like, you know,
Kaldi Yada is not, like, in the government
or whatever. Like, he's not writing standards for
the USDA, so
god help us. But
the voltage has to be turned down enough
that the the chicken, if you take it
off the line,
it will be able to get up again.
And we do we do that in inspections.
We'll take the sickest looking chicken and, you
know, out of the bunch because they're like
like human beings are different different sizes, shapes,
health, robustness.
We'll take the sickest looking chicken,
and we'll take it off the line. If
it doesn't get up again, then we'll make
them turn the temperature on this the or
sorry, not the temperature, the voltage and the
stunner down.
And the hope is one day, inshallah, you
know, people care about Islam enough to,
not just,
leave nasty
Facebook comments on each other's pages, but actually
like knew something about these things. I mean.
And so there are 2 different models of
how to slaughter an
and there's nahara and there's akar.
Is to
at the base of the throat cut horizontally
across the base of the throat, severing
the aforementioned blood vessels.
And, so he mentions about about baqar, about
cattle,
buffalo,
etcetera, yaks.
That you that's how you
slaughter a,
slaughter them.
And then nahr
is is what? Is that you
take like a a knife and then you
stab it in
width wise and you sever the same vessels.
And
he said that if you if you can
do that,
then
it's makru to do that for for cattle,
but the the cattle will be eaten. Again,
with the same condition, you have to sever
the same vessels.
And so he says he says that that
you killed the cattle through or you slaughtered
the cattle through.
And if you slaughter it through then
it's permissible to eat. Whereas with a camel,
the
the legislated
method of slaughter is
nahr. And if you kill it with it's
not eaten, although that's a difference of opinion.
But the fatwa is that it's not to
be eaten.
And,
as far as,
ghanam like goats and sheep,
they
are they are to be
killed through dabbah.
And if they're killed through nahr, they're not
eaten.
There's also a difference of opinion. There's other
opinions about that as well, but this is
the
the Fatwa Fatwa position of the Madhab.
And the slaughter of
the mother is the slaughter of,
of what's in the
what's in the
in the womb,
Which is, again, derived from a hadith, but
the meaning of the hadith is contested.
And so in the Maliki school, basically, if
an animal is pregnant and has an animal
in the womb,
if you the to,
that the animal if
the mother is pregnant and she's
slaughtered, that slaughter suffices for
the animal in the in the stomach.
Unless the animal is born alive. If it's
born alive, born living after the the slaughter
of the mother, then
it has to be, slaughtered itself. And if
it's not, then if it's born alive and
not slaughtered, then it's it's dead. Whereas in
the Hanafi school, I believe that it's Wajib
to slaughter both
the the mother and the
the child.
Uh-uh. The the animal that's asphyxiated
with a rope or something like that.
And the animal that is
beaten with like a stick, beaten to death
with a stick or something like that.
The animal that falls from a height. To,
the animal that's gored,
to death.
And the the animal that's been eaten from
by wild animals.
If a person
gets to them
but
all of these things have happened
beyond a certain point,
that the animal will die from from from
these things having happened. It's before, you know,
it can it can survive these incidences.
Then,
be the cat be the cat and that
animal, even if you slaughter it, it's not
it's not allowed to eat it.
And so,
and it's,
there's no harm for a person who is
starving to death.
To eat from,
to eat from the flesh of an animal
that's not been
richly slaughtered.
And if they get to that point and
that's their only food and they don't see
any other food coming, they don't only have
to eat the bare minimum to stay alive.
It's permissible for them to eat until they're
satiated
and to keep keep it as provisions.
And once they no longer need it,
then,
then they should throw it away.
And so there's a whole hierarchy of like
haram things to eat. If you have this,
then you shouldn't eat that. If you have
that, you shouldn't eat this.
And what doesn't
what doesn't, you know, what what this applies
to, what doesn't apply to it. So all
those details are mentioned in Khalil.
And it's permissible to
use the the
the hide of an unslaughtered animal, but don't
prey on it. Why? Because this is the
position and opinion of Malek that the hide
of an unslaughtered animal is
not Thayer.
Against the against the position and opinion of
the other mashaikh.
In a usuli sense it seems to make
sense.
Although there are even within there is a
strong opinion even within the madhab but it's
not malik's.
Within some of the Muhaqdafin of the madhab
that it's Taher by the process
of tanning.
But, but the the
the opinion and the Mashrur opinion ascribed to
Malek is that it's not Taher by the
process of tanning. So, ibn Abi zed said
that's fine. You can still use it. Just
don't pray on it. Don't use it for
any ritual purposes.
And
so that's one of the reasons I order
my wallets from Pakistan.
Yeah. So that it's
ritually slaughtered. And even if a person's not
Maliki or they're not like hardcore Maliki, you
know?
Leaving khilaf is better and it's better to,
you know,
do business with a stand. You know what
I mean?
Not not just Pakistan. There are all sorts
of stands. Right?
Arabistan.
Right? All sorts of stand. Yeah. That's it.
All sorts of stand. Hindu stand.
That's the whole the whole map if you
look in the Ottoman map. Right?
Hungary Hungary is Majeristan and
Serbia is Surbistan, Baladistan.
Right? Unanistan.
It's good.
Makes them great again.
You need to start working on the t
shirts and the and the baseball caps?
Well, I
a person shouldn't sell the the
the hide of
an,
unslaughtered animal even if it's tanned. They can
use it, but they shouldn't sell it because
it's technically still najis, and so it's haramotransacting.
And it's permissible to pray on the or
there's no
special harm or invalidity in this case. It's
but it's it's not invalid to prey on
thee.
On the hides of, like,
predatory
or aggressive wild animals as long as they
are slaughtered properly.
It's also permissible to sell them. Obviously, you
know, don't, like, I don't know,
use this as a justification for trafficking ivory
or whatever. But
if the animal is not, like, endangered or
whatever, yeah, you can you can you can
sell it. It is a valid thing to
sell, unlike the
the the height of an unslaughtered animal.
It's permissible to benefit from the,
wool
and the hair of
an unslaughtered
animal even if it's dead,
without slaughter, even if it's carrion.
Because it's malatahalufihil
haya. There's no
there's no, like, blood or liquid
life inside of it.
You know, the animal doesn't feel pain at
its separation.
Interesting
interesting
couple of rulings in the Malachy school. All
living things are thayer,
including a pig, including a dog.
All living things are
So the pig becomes not just after it
dies,
but all living things as
a is they're all they're all pure. Allah
didn't create life. Things that are not just,
you know, living things that are not just.
And so,
bore bristles.
As gross as it sounds,
technically in the Maliki school, they're not
nudges because they're separated from the animal when
it's alive.
Someone says,
well, I never use boar bristle anything.
First of all,
you know, for all of yours at home,
go ask her what she brushes her hair
with because those are apparently sometimes the best
brushes
out there. People don't know because they don't
bother to check.
Okay. Well, she says that she doesn't have
board bristle brushes.
You know where else they're used? They're used
to clean,
high end espresso machines.
And like in the cafe school that's like
just that's like nudges emergency. Like that's basically
everything in the world is nudges and, like,
we're all going to *. Like basically that's
like
every every,
espresso you have, like, until the is
all gonna just be like pig nudges and
that's it, you know.
And, you know,
thank God for the Maliki mother.
Better make the next time you do wudu,
man.
Don't quote me on Chafeh's stuff. Don't quote
me on that. Someone's like, oh my god,
he's talking. I told you don't don't quote
me.
You should half the time not even quote
me. If I say something about Maliki's school,
she'll go look it up afterward. When it
comes to any other madhab, you should just
be like hearing like a story from Tawhid
Jamat, you
know? Like this I'm using this for like
the benefit of my iman while not like
corroborating whether it's necessarily true or untrue.
So the the neither is not just the
things that are taken off from the animal
during,
the
the the life of the animal.
And it's we we prefer that it should
at least be,
it should at least be washed before it's
used.
So he says that a person shouldn't use
the feathers
nor should they use the horns, nor should
they use the,
the hooves, nor should they use the the,
the canine teeth,
of the animal.
Why? Because
those parts they all have like blood and
things like that flowing inside of them.
So they're only to be used if the
animal is slaughtered properly.
Now with the horn,
with the horn there's a part of the
horn that the hyat goes through and the
part of it that doesn't. Like, for example,
like,
I think, like, deer, like, shed their antlers
yearly or whatever. Right? But the part that
of the horn, like you break the horn
off of a living animal, there's like some
fluid and oil or something like that inside
of it. So that that part is the
nicest part.
The same thing with the with with the
feather. Like the feather itself, the shaft of
the feather has like some sort of
fluid in it but the down doesn't.
So the down
would be like the hair.
So
it's MacRuh used
the For this reason,
to use,
ivory, the tusk of an of an elephant.
It's good good for good for, like, World
Wide Wildlife Federation fic right there.
You quote me on that, I'll waive my
I'll waive my fee. People stop killing elephants
for no reason. You get something else, other
white materials and things like that.
Just tumor Messiah Inshallah.
I mean, Samin
Ozaytan, there's something missing from the text. Let
me look in the
So InshaAllah,
the last masala the Bab goes on, but
the last masala we're we'll read today because
of time,
is that
if
something not just So the example he gives
is like a dead rat. A rat dies
in a
pot of like something liquid, like oil
or honey or something like that,
all of it has to be thrown away.
It's no longer fit for consumption.
And so he says that if it's oil
for example, you can use it to burn
in lamps.
But just make sure you don't take it
inside the mustard because it is not just
technically,
But it's not fit for human consumption.
Whereas if for example, if an animal,
if like a rat dies in in a
a pot of,
shortening,
something solid,
then you can just cut out the part
around it and throw that out and the
rest of it is still usable.
And Sahinun says that as that's as long
as you discover it relatively recently. If it's
been in there for too long then then
you have to throw it all out as
well, which hopefully hopefully would have been common
sense.
All that I accept from everybody there.
Bahayah
and their fasting and their prayers
and their acts of
piety
and their id,
from everyone in these coming days. InshaAllah, if
you didn't fast
yet or if you fasted yet, just, you
know, make sure to fast tomorrow. You know,
it's a long day
and you get hungry and it's hard. But
then again, you're going to Jannah so, like,
you should be excited.