5. Consider a person who raises an animal on the name of an idol but repented from this (i.e. he accepted Islam) afterwards in his life. If he slaughters the animal with the correct intention and procedure, it is considered Halaal unanimously. However, this is also incorporated in 'Uhilaa'. In fact, the restriction of 'Uhilaa' falls into place if the name of anyone other than Allahعزوجل is used on the animal even once! Therefore, we have to accept that the taking of name at the time of slaughtering is credible, not the labeling before it. If a person slaughters the animal on the name of someone besides Allahعزوجل but intends the name of Allahعزوجل on the carcass, this is absolutely not credible.
In any case, accepting this meaning is totally incorrect.
OBJECTION 2: It is an accepted rule of Fiqh that if 'Bismillah' is said OD an animal at the time of slaughtering but the intention of slaughtering was to attain closeness through worship (faqarrub) to someone besides Allahعزوجل , it is Haraam. This is found here, because the intention a person has behind the commemoration of Gyanvee is to please Huzoor Ghaus Paak رضی اللہ تعالٰی عنہ.So, even if 'Bismillah' is said at the time of slaughtering the animal, it is Haraam based on tbis rule. Its proof follows in Objection do.3.
Answer - There are four types of slaughtering (zabah):
I. When the purpose is merely the dropping of blood for the pleasure of Allahعزوجل (the actual meat is not the primary concern). It is performed for Qurbaani, Hadi (during Hajj], Aqeeqab and the animal slaughtered in a vow. It is also an act of worship though restriction of time or place is found in it, e.g. Qurbaani is only performed at a particular time, not before or after, and Hadi is counted in the Haram of Makkeh, not anywhere else.
2. Slaughtering to test the sharpness of a knife. This is neither an act of worship nor a sin. If 'Bismillah' is said here the animal is Halaal. Otherwise, it is Haraam.
3. Slaughtering for eating, i.e. weddings, waleemas or for purposes of trade.
This is the slaughtering made for the Fatiha of the Buzurgs. The single intention behind all of these is the attainment of meat. If 'Bismillah' is not said, the animal becomes Haraam. If it is, it is Halaal.
4. Slaughtering to please someone besides Allahعزوجل. This is made with the sole intention of flowing blood, not for the meat at all. An example of this is how Hindus sacrifice animals on alters of their idols and gods, intending to please their idols by presenting its blood. If such animals are slaughtered, even while saying 'Bismillah', they will still be Haraam as long as the person slaughtering has the intention of this sacrifice, not the one making him slaughter. These rulings of Fiqh refer to this. The Holy Quran states, 'Those animals which are sacrificed on idols are Haraam." I .24 _ Surah Maida, Verse 3
Allama Sulaiman Jamal رضی اللہ تعالٰی عنہ writes in the commentary of this ayat, 'The animal through whose slaughtering the worship of an idol is intended, with the idol's name not being taken at the time of slaughtering, is Haraam. The animal which is slaughtered in the respect of an idol is also Haraam. Therefore, 'alaa' here actually means 'lee' (effectively giving the meaning of for the alter of idols). Thus, this ayat does not reiterate the previous one because 'Maa Uhilaa' there refers to those animals which were slaughtered taking the names of idols. Here, those animals, through whose slaughter respecting the idol is intended (even though their names may not be taken at the time of slaughtering), are being referred to." 19.25
Subhanallah! This clearly explains the issue. Whichever animal is slaughtered while taking the name of an idol is included in 'Maa Uhilaa' while those animals which are slaughtered with the intent of respecting someone besides Allahعزوجل under 'Ma Zubihaa alan-Nasab". Some Jurists have proven both categories from the ayat 'Ma Uhilaa', i.e. 'Maa Zubihaa li Ta'zeemi Ghairilllah' (whatever is slaughtered for the respect of someone besides Allahعزوجل). The extract of DurreMukhtaar refers to this. In short, there are two factors which affect the prohibition of an animal.
1. Taking the name of someone besides Allahعزوجل at the time of slaughtering.
2. Making blood flow as a sacrifice or to please anyone but Allahعزوجل with the implication that the meat is not directly the object of the slaughtering. But to gain closeness through worship (taqarrub) to someone besides Allahعزوجل.This is what the Jurists rule to be Haraam.
The animals of Gyarwee and Fatiha are from the third category not the fourth. This is why it is not Haraam, since the intention of the person slaughtering the animal is for the attainment of meat to make Fatiha on cook it and distribute it amongst the needy. Ultimately, the meat is the object here. This difference should definitely be remembered.
Some Deobandis say. "The meat of an animal is not intended by the person who slaughters it for Gyarwee. He is neither willing to exchange it for another one nor replace it for an equal amount of meat. So, if the attainment of meat was truly intended, why is he so possessive of it? We come to know that dropping blood on the name of Ghaus Paak رضی اللہ تعالٰی عنہ is intended not the meat."
This is wrong for two reasons.
1. The reality of an intention (niyyat) is only known by the person who intends it. To have suspicions of Muslims without any proof is Haraam.
2. The sole reason for not exchanging the animal is due to preparation and sentiment. The person thinks that the meat being attained in the exchange will not be similar to the meat of the animal he has raised. Some people look after animals for Waleemas and also don't like changing them. Though there are some who incorrectly believe that changing the animal promised in slaughtering for Fatiha is not allowed for Qurbaani, why should the slaughtering become Haraam due to this?
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