CHAPTER NINETEEN

LOOKING AFTER ANIMALS ON THE NAMES OF SAINTS

Some people very punctually observe and commemorate the Fatiha of Gyarwee or Meelad Sharif. Some time before, they raise and fatten chickens, etc. for slaughter (zabah) and take the name of Allahعزوجل on the day of the Fatiha. The food is served to the pious and needy. Due to the animal being brought up and nourished with this intention, it is called 'The sheep of Gyarwee" or "The cow for Ghaus Paak رضی اللہ تعالٰی عنہ. According to the Shariah, this is Halaal and similar to looking after an animal for a Waleemah. However, the opposition rules this to be Haraam, deeming the meat to be carrion and the person who does so to be a Murtad and polytheist.

PROOF OF DOING SO

The Halaal animal which a Muslim or Ahle-Kitaab (person originally of a Divine religion, i.e. Jews, Christians) slaughters whilst taking the name of Allahعزوجل is Halaal. On the contrary, the Halaal animal slaughtered by a Murtad or Mushrik is carrion and impure. Additionally, if a Muslim intentionally and knowingly omits saying 'Bismillah' or takes someone else's name besides Allahعزوجل and then slaughters (e.g. instead of saying "Bismillah, AllahuAkbar", he says, "Ya Ghaus"), it is Haraam.

It should be bared in mind that Hilat (state of being Halaal) and Hurmat (state of being Haraam) is based on the slaughter of the animal, not its owner. If the animal of a Muslim is slaughtered by a Mushrik, it becomes impure carrion. If a Murshrik brought up an animal on the name of an idol but it was slaughtered by a Muslim who took the name of Allahعزوجل it is Halaal. Likewise, at the time of slaughtering, credibility is given to the taking of name, not before or after it. If the animal was on the name of an idol during its lifetime but the name of Allahعزوجل was taken at the time of its slaughtering, it is Halaal. If it was a Qurbaani animal in its lifetime but, at the time of slaughtering, a name besides Allahعزوجل was taken, it becomes Haraam.

This is what the Holy Quran refers to in the ayat, 'The animal that was called on the name of ether than Allahعزوجل is also Haraam." 19.1 ­Surah Baqarah, Verse 173

Here, "called" refers to which name was taken at the time of slaughtering. Tafseer Baidaawi states in the commentary of this ayat, "[If] The name of other than Allahعزوجل was taken on that 'animal just as how the Kutfaar used to take the name of Laat and Uzza at the time of slaughtering:' 19.2

Tafseer Jalaalain states, " ... In the manner that slaughtering was made on the name of someone besides Allahعزوجل ."

Tafseer Khaazin states, "That animal which was slaughtered on the name of anyone besides Allahعزوجل is Haraam, because the Arabs used to take the names of idols at the time of slaughtering during the Period of Ignorance. Allahعزوجل has classified this to be Haraam through this ayat and the other verse 'Wa Laa Ta'kuloo ... '" 19.4

Imam Fakhruddin Raazi رضی اللہ تعالٰی عنہ writes. "At the time of slaughtering, Arabs used to say 'Bismilaat wal-Uzza' (In the name of Laat and Uzza). Allahعزوجل has decreed this to be Haraam.,,19.5 - Tafseer Kabeer

Mulla Jeewan رضی اللہ تعالٰی عنہ writes under this ayat, "The verse means that the animal has been slaughtered on the name of someone besides Allahعزوجل e.g. idols!' 19.6 -Tafseeroat-e-Ahmadia

Imam Nasafi رضی اللہ تعالٰی عنہ writes, "The animal that is slaughtered for idols is Haraam (i.e. the name of others besides Allahعزوجل was taken on it). In other words, the calling of idols was taken on it, and 'Bismilaat wal-Uzza' was said by the People of Ignorance " - Tafseer Madaarik

Tafseer Lubaabut-Ta'weel states, “یعنی ماذبح للاصنام و الطواغیت و اصل الاھلال رفع الصوت و ذلک انھم کانوا یرقعون اصواتھم بذکر الھتھم اذا زبحوھا”.

From all of these commentaries, it is established that 'Uhilaa' in the ayat means taking the name of someone besides Allahعزوجل at the time of slaughtering. Thus, associating an animal in its lifetime to something is of no consequence. We now present the rulings of the Jurists.

Under the ayat, “و ما اھل بہ لغیر اللہ” Mulla Jeewen رضی اللہ تعالٰی عنہ writes. "We know from this that the cow which has been taken as a Nazar (vow) for the Friends of Allahعزوجل, as is the practice of our time, is Halaal and pure. This is because the name of someone besides Allahعزوجل is not taken at the time of slaughtering, even though a vow (Nazar) of the cow was!' 19.10 - Tafseeraat-e-Ahmadiya

This has specifically cleared the issue of the Gyarwee Sharif's cow by directly speaking about it. The author of this book is Mulla Jeewan رضی اللہ تعالٰی عنہ, who was a Buzurg and teacher to both Arab and non-Arab Ulama. The entire Deobandi fraternity also accepts him as an Islamic Scholar. Allama Shaami رضی اللہ تعالٰی عنہ writes. "It should be known that the credibility of Hilat (state of being Halaal) and Hurmat (state of being Haraam) is of intention at the time of slaughtering." 19.11 - Raddul­Muhtaar, Baabuz-Zabah

This also explains that the intention or name before slaughtering has absolutely no reliability. Alamghiri states, "If a Muslim slaughtered a goat that was for the temple of fire-worshippers or the idols of a Kaafir, it is Halaal because the Muslim invoked Allah’s عزوجل name at the time of slaughter. However, doing so is disliked (Makrooh) for a Muslim. The book 'Taataar Khaaniya' quotes 'Jaamiul­Fataawa' likewise ^l9.¹² - Baahuz-Zahah

Thus, regarding the animal which has been brought up by a Kaafir who wants to slaughter it with the intention of worship of the idol or fire, both the bringing up by the owner and his reason for sacrifice are wrong, but the animal is Halaal because at the time of slaughter, a Muslim took the name of Allahعزوجل and sacrificed it. So, is the sheep of Gyarwee or Meelad more abhorred than the sheep of an idol-worshipper, that the former is Haraam while the latter is Halaal?

Alhamdulillah, it has clearly been established that the' animal for Gyarwee, etc. is Halaal and that this action is a means of reward.