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Are the Food and Women of Ehle Kitaab (Jews and Christians) Halal in Muslim Shari'ah

Are the Food and Women of Ehle Kitaab (Jews and Christians)
 Halal in Muslim Shari'ah

  Read ONLY,  IF AND WHEN you have time and mood for: 
 “An Ayah for 30 Days” -- July 2012


From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 


Surah Al-Maeda (5), Ayah 5

ٱلْيَوْمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُ ۖ وَطَعَامُ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حِلٌّۭ لَّكُمْ وَطَعَامُكُمْ حِلٌّۭ لَّهُمْ ۖ وَٱلْمُحْصَنَٰتُ مِنَ ٱلْمُؤْمِنَٰتِ وَٱلْمُحْصَنَٰتُ مِنَ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِىٓ أَخْدَانٍۢ ۗ وَمَن يَكْفُرْ بِٱلْإِيمَٰنِ فَقَدْ حَبِطَ عَمَلُهُۥ وَهُوَ فِى ٱلْءَاخِرَةِ مِنَ ٱلْخَٰسِرِينَ

Abul Ala Maududi
This day all good things have been made lawful to you.   The food of the People of the Book is permitted to you, and your food is permitted to them.  And permitted to you are chaste women, be they either from among the believers or from among those who have received the Book before you,   provided you become their protectors in wedlock after paying them their bridal-due, rather than go around committing fornication and taking them as secret-companions. The work of he who refuses to follow the way of faith will go waste, and he will be among the utter losers in the Hereafter. 

I have colour coded different parts of the translation of this Ayah to highlight that five different yet similar messages are conveyed in the same ayah. 
The Ayah starts (blue) with declaring the default principle in Islam for all muaamlaat (i.e. mundane problems of life, as against (ibaadaat) that all good things are lawful; prove it to be bad to make it unlawful1

The second part (red) declares all the “food” of the people of the Book is lawful to you. By consensus this term refers to animal food i.e. zabeeha of the ahle kitab ; other foods like cereals and vegetables can be shared even with non-Muslims. So Allah Ta’aala has clearly declared to the Muslim community in Medina in early seventh century that they can socialize and eat and drink with their fellow citizens, Jews and Christians of the city state of Medina and share their  zabeeha. Fourteen hundred years later, in the globalized pleural world of twenty-first century we Muslims are loudly debating on this issue. 

Why?  Is there a room for different interpretations of this portion (red) of the ayah?  To answer this question, let us refer to Usul al-Tafsir, or the Principles of Qur’aanic Exegesis. The steps and the sequence that the exegete (mufassir) follows in his task of explaining the Qur’an are as follows:
1) Explanation of the Qur’an with the Qur’an itself.
2) Explanation of the Qur’an with the Sunnah.
3) Explanation of the Qur’an with the statements of the Companions RA.
4) Explanation of the Qur’an with the statements of the Tabi’?n.
5) Explanation of the Qur’an with the language.
6) Explanation of the Qur’an based on opinion and deliberation (al-Ra’i wal-Ijtihad).

Therefore it is often recommended to “Begin the tafsîr of the Qur'ân with the Qur'ân” or “The best tafsîr is the explanation of the Qur'ân by the Qur'ân” or “One part of the Qur’an explains the other.” The mufessareen are more of less unanimous that, to start with no interpretation of any ayah is acceptable which runs contrary to the clear and obvious meaning of the text of the Quran. To elaborate this point beyond any doubt, I have quoted hereunder additional six translations of this ayah to show that there is no difference of opinion amongst the scholars about the obvious meaning of this part of the ayah:
Sahih International
 ".......and the food of those who were given the Scripture is lawful for you and your food is lawful for them......." 

Muhsin Khan
"Made lawful to you this day are At-Tayyibat [all kinds of Halal (lawful) foods, which Allah has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). ....The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them....." 

Pickthall
"......The food of those who have received the Scripture is lawful for you, and your food is lawful for them......." 

Yusuf Ali
 "....The food of the People of the Book is lawful unto you and yours is lawful unto them......" 

Shakir
 "......and the food of those who have been given the Book is lawful for you and your food is lawful for them......"

Dr. Ghali
"......and the food of the ones to whom the Book was brought is lawful to you, and your food is made lawful to them.....". 

The next step, according to the rules mentioned above, is to browse the Qur’aan for any other instructions on the issue of zabeeha.  Allah Ta’aala has described in HIS Book a list of proscribed animals 2. Hence pork, for example cannot be accepted even from people of the Book.  We also read about the need for reciting Allah’s name and the need for slaughter else where in the Quran.3 These ayahs, however do not and cannot limit the clear cut permission given in the Ayah under discussion. 

Commenting on this Ayah, Shaikh Yousuf Al-Qaradawi,4 in his Book “The Lawful and the Prohibited in Islam” states:
“Since Allah did not prohibit it, the food of the Jews and the Christians is permitted to you on the basis of the original permissibility of things, and likewise you can share your food with them. Accordingly, you can eat the flesh of the animals they have slaughtered or hunted, and they can eat what you have slaughtered or hunted ........The application of the phrase, ‘the food of those who were given the Scripture,’ is general and includes their meats, produce, and other foods. All of these are halal for us excepting what is haram in itself, e.g., the flesh of a dead animal, pork, and flowing blood, as these are haram regardless of whether they are obtained from a Christian, a Jew or a Muslim......... Some others hold the opinion that the food of the People of the Book has been permitted to us by Allah, Who is aware of what they say when slaughtering an animal......we know that imported meats, such as chicken and canned beef, originating with the People of the Book are halal for us, even though the animal may have been killed by means of electric shock or the like. As long as they consider it lawful in their religion, it is halal for us.”
On the other hand, many of the traditional scholars5 are of the opinion that the other ayahs referred to earlier1 & 2 restrict the clear and obvious permission of Allah Ta’aala in this  ayah and therefore have concluded:-
“In the light of both verses, it is deduced and understood that the Zabiha of the Ahl al-Kitab is only permissible when the name of Allah was taken at the time of slaughtering the animal and the slaughtering itself done in the proper manner. As mentioned earlier, this condition of reciting the name of Allah is independently necessary”. The Hanafi and Hanbali schools seem to endorse this opinion.  On the other hand, it is usually related from Imam Shafa’e (RA) that the animal will be halal even if the name of Allah is not pronounced intentionally, and to recite the name of Allah is merely a Sunnah. Certain scholars, on the basis of a hadith on the authority of Ayesha6 have recommended that the name of Allah may be pronounced before eating the meat, in lieu.
One reason why this issue is so emotionally charged is that the significance of slaughter has been blown up out of all proportion. Considering certain ahadith, the issue of slaughtering animals is not regarded as normal and mundane issue, but elevated to an act of worship: “the slaughtering of animals holds a significant position in Shariah. The Prophet (Allah bless him & give him peace) counted the slaughtering of animals with praying Salat and facing the Qiblah. He considered it from those specific features of Islam, which distinguishes a Muslim from a non-Muslim and regarded it as one of the hallmarks of a true believer with which his life and wealth is protected”7

As a result detailed and elaborate rules and conditions for “Proper and Valid Slaughter -- dhabiha” have been laid down:
  • The slaughterer must be a Muslim or a person from Ahlul-Kitaab (Jew or a Christian) 
  • The slaughter must be done with a tool with a sharp edge and the animal must be killed by the sharpness and not by using force and most of the four veins (including the Jugular vein, according to some) must be cut to ensure that the blood and other impure elements (!) come out from their body as much as possible 
  • The slaughter be done in a way that was least painful and most merciful to the animal.
  • The entire Umma is agreed upon the place of the cut which is the throat and base of the neck. 
  • The name of Allah must be taken at the time of slaughtering.
  • All these conditions are necessary individually and separately. 
  • Failure to fulfill them will render the animal unlawful. 

Pertinently, here is what a Hanbali Scholar8 of Salafi school has to say:
 “It is not essential to ask about that which was slaughtered by a Muslim or a kitaabi, and how it
was slaughtered, and whether the name of Allah was mentioned over it or not. Rather that should not be done, because that is being obstinate in religious matters. The Prophet (peace and blessings of Allah be upon him) ate meat slaughtered by the Jews and did not ask questions. In Saheeh al-Bukhaari and elsewhere it is narrated from ‘Aa’ishah (may Allah be pleased with her) that some people said to the Prophet (peace and blessings of Allah be upon him): Some people bring meat to us, and we do not know whether they mentioned the name of Allaah over it or not. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Mention the name of Allaah over it and eat.” 

Before I move on to the other parts of this ayah, let me quote two more opinions as this is a matter that affects all of us all the time:

“If a Muslim or a kitaabi (Jew or Christian) slaughters an animal for meat, and it is not known whether he mentioned the name of Allaah over it or not, it is permissible to eat from it, and the one who eats it should say the name of Allaah because of the report that was narrated by al-Bukhaari (2057) from ‘Aa’ishah (may Allaah be pleased with her)......”.9  

“With regard to other types of meat, if the companies or individuals who produce meat are people of the Book, Jews or Christians, and it is not known from them that they kill the animal by electric shock, strangling or striking it on the head, as is well known in the West, then this meat is halaal.....”.10  

Moving to the next part of the Ayah (brown), Allah Ta’aala has categorically granted permission in plain terms to marry chaste women from Muslim and Kitabis. Again here the scholars have found reasons to qualify the clear permission of God, the Almighty. Imam Abu Hanifa regards it as permissible but makrooh. Ibn Abbas, forbids it for residents of all non-Muslim countries.  The Hanafis regard this practice as undesirable though lawful. Thankfully, Hasan Basri does not stipulate any such restrictions, stating that it is a general permission.  It is often emphasized as a condition to marry a Kitabi woman that she should be a chaste woman; it sounds strange as this condition of chastity is applicable for a Muslim woman as well. Lastly Imam Shafai regards “chaste” women to mean free women as against slave girls11! I know it is very impertinent of me if not madness to challenge the opinion of our great Imams and eminent Muslim scholars even though I have got Hasan Basri to support me. However, under the influence of the teachings of these titans of our Deen, I dare say, that any human being be it a renowned Imam, an esteemed Saint or a distinguished scholar is not qualified to modify, limit or restrict the clear and obvious commandments of our Creator, the Lord of the Worlds, The Beneficent, the Merciful,  the Master of the Day of Judgment. This is the central core of our Eemaan and Eitiqaad (Faith and Belief) and a debate on this issue may hover dangerously close to the frontiers of Kufr (Rejection). May God All Mighty forgive me for my audacity, if I am wrong.

We are then reminded, further down the ayah (purple) that the basic tenants of the idea of marriage in Islam are to be followed with the Kitabis also: take them in wedlock, not fornication nor as secret paramours. 

Lastly we are reminded (as is the pattern through out in the Holy Book) of our Faith and Belief in the Hereafter as the only sanction behind Allah’s commandments in this world; there is no human agency to arrest, indict and prosecute you for disobeying HIS commandments: The work of he who refuses to follow the way of faith will go waste, and he will be among the utter losers in the Hereafter. 

A short last note, as the closing remark so to say: I am a great admirer of Maulana Maudoodi. I regard his Tafheem as a remarkable and outstanding contribution to the science of Tafseer. With his mastery over Urdu language, he has meticulously explained our Holy Book to us in simple and self-explicatory and yet beautiful style. However I cannot help protesting on his last comment on this ayah. I think (and I hope I am not being rude to the great scholar) it betrays an ignorance of the dynamics of interfaith marriages, at least in our times and displays a definite hint of ta’assub and asbiyat -- prejudice and bias -- against the Ehle Kitaab, who are  our compatriots as in  Malaysia, Nigeria, Pakistan etc. and especially if we have migrated to their country as in US, Canada and Europe. Maulana has commented thus: 
  “The warning that immediately follows the permission given to marry women from among the People of the Book is very significant. The Muslim who makes use of this permission has been warned to guard his faith and morality very cautiously against the influence of his unbelieving wife. There is a genuine danger that his deep love might tender him a prey to wrong creeds and acts of his unbelieving wife and he might lose both his Faith and morality, or he might adopt a wrong moral and social attitude which might be against the spirit of his faith”.  

Compare this with Dr. Mohammed Asad’s comment in the same context:
“The above passage rounds off, as it were, the opening sentences of this surah, ‘O you who have attained to faith, be true to your covenants’ - of which belief in God and the acceptance of His commandments are the foremost. It is immediately followed (in the next ayah 6) by a reference to prayer: for it is in prayer that man's dependence on God finds its most conscious and deliberate expression.”

.....and Allah knows best. 
May Allah Ta’aala bless us with true understanding--“fahm--of our Deen, Aameen.


ENDNOTES: 
1) As against this, the default rule for ibaadaat is exactly the opposite: all forms and styles of worship are bida’a (innovation) unless proposed in the Qur’aan or the practice and preachings of the Holy Prophet.

2) Surah Al-Maeda (5), Ayah 3
5:3

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. This day have those who reject faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion. But if any is forced by hunger, with no inclination to transgression, Allah is indeed Oft-forgiving, Most Merciful. (Yousuf Ali)
5:4
They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by Allah: eat what they catch for you, but pronounce the name of Allah over it: and fear Allah; for Allah is swift in taking account. (Yusuf Ali)

3) Surah 6, Ayah 118 to 121
6:118
So eat of (meats) on which Allah's name hath been pronounced, if ye have faith in His signs.
Yusuf Ali
6:119
Why should ye not eat of (meats) on which Allah's name hath been pronounced, when He hath explained to you in detail what is forbidden to you - except under compulsion of necessity? But many do mislead (men) by their appetites unchecked by knowledge. Thy Lord knoweth best those who transgress.  Yusuf Ali
6:120
Eschew all sin, open or secret: those who earn sin will get due recompense for their "earnings."
Yusuf Ali
6:121
Eat not of (meats) on which Allah's name hath not been pronounced: That would be impiety. But the evil ones ever inspire their friends to contend with you if ye were to obey them, ye would indeed be Pagans. Yousuf Ali

Note: Surah 2, Ayah 173 has not been referred to but is quite relevant:
2:173
He hath only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits,- then is he guiltless. For Allah is Oft-forgiving Most Merciful. Yusuf Ali

4) Yusuf al-Qaradawi (born 9 September 1926) is an Egyptian Islamic theologian. He is best known for his program, ash-Shariah wal-Hayat ("Shariah and Life"), broadcast on Al Jazeera, which has an estimated audience of 60 million worldwide. He is also well known for IslamOnline, a popular website he helped found in 1997 and for which he now serves as chief religious scholar. He has published more than 120 books, including The Lawful and the Prohibited in Islam. He has also received eight international prizes for his contributions to Islamic scholarship and is considered one of the most influential such scholars living today. Some of al-Qaradawi's views have been controversial in the West: he was refused an entry visa to the United Kingdom in 2008. As of 2004, al-Qaradawi was a trustee of the Oxford Centre for Islamic Studies.

5) I am referring to the very large group of Islamic Scholars who very aggressively pursue and propagate the principle of Taqleed, which could be labelled as “blind following”. They maintain that the Islamic Jurisprudence (Fiqh) has been defined, organized and totally completed as the Four Mazaahib by the end of fourth century A.H. Since then, according to this outlook there is no room for any independent and innovative approach to problems of Fiqh by later scholars. Ijtehaad i.e. thinking and reasoning -- very essential to solve the ever growing new and novel problems over the centuries -- is restricted only to qiyaas i.e. deductive analogy. Muslims are advised to blindly follow our brilliant ulemas of the tenth and eleventh century for the problems of the twenty-first century.  Allow me to mention an interesting example to illustrate the anomaly and oddity of this approach: namaz-e-kasr is valid if the journey exceeds three manzil; each manzil is the distance which an individual will cover when he starts traveling after the fajr prayers and continues till noon. How much distance will he cover before starting to shorten his prayers? About 45 miles as worked out by our fuqahaa.  Hence the popular fatwa for our century on the principle of Taqleed: pray kasr after a journey of 45 miles. It is immaterial for the traditional Muslim scholars that this will take a little more than an hour in a car and a few minutes in the plane. Difference of riding a camel in the desert under the hot sun for three days as against traveling in an air-conditioned car for an hour does not come in the equation at all because that needs thinking which is a forbidden fruit according to our traditional ule’maas.

6) Narrated 'Aisha (RA):  A group of people said to the Prophet (Sallaho Alaihe Wassallam), "Some people bring us meat and we do not know whether they have mentioned Allah's Name or not on slaughtering the animal." He said, "Mention Allah's Name on it and eat." [Bukhari] A dissenting note states: the application of meat slaughtered by new Muslims living on the outskirts of Madina to meat available in the western supermarkets where the religious affiliation of slaughterer is unknown is nothing but a fallacy!

7) Muhammad ibn Adam, Darul Iftaa, Leicester, UK.
8) Sheikh Abu 'Abd Allah Muhammad ibn Saalih ibn Muhammad ibn al-Uthaymeen at-Tamimi 1925 – 2001) was one of the most prominent Sunni Islamic scholars of the latter half of the twentieth century. Born in Saudi Arabia, he memorised the Qur'an at an early age and studied under well known scholars of the time including: Abd ar-Rahman as-Saa'di, Muhammad Ash-Shanqeeti, and 'Abd al-'Aziz ibn Baaz. During his many years of study, he became renowned for his knowledge in fiqh, eventually compiling over fifty books on the subject.

9) Sheikh Muhammed Salih Al-Munajjid, a known Islamic lecturer and author.

10)  al-Shaykh al-‘Allāmah, ‘Abd al-Rahmān b. Nāsir b. Barrāk b. Ibrāhīm al Barrāk. 
      Dept. of Theology and Contemporary Ideologies, College of Usūl al-Dīn, Riyadh, 
      Saudi Arabia

11) Tafheemul Quran, Maulana Maudoodi