Is there a contradiction between Surah Al-Maida verse #3 and verse #5 regarding non-Zabihah food?

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

The Zabeeha (animal slaughtered) of the Ahle Kitab (people of the scriptures)

Allah Ta’ala says,

………. حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالْدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ

“Forbidden to you (for food) are: Al-Maytatah (the dead animals – cattle-beast not slaughtered), blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for others than Allâh, or has been slaughtered for idols, etc., or on which Allâh’s Name has not been mentioned while slaughtering, and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns – and that which has been (partly) eaten by a wild animal – unless you are able to slaughter it (before its death) ­ and that which is sacrificed (slaughtered) on An­Nusub (stone altars).(Forbidden) also is to use arrows seeking luck or decision, (all) that is Fisqun (disobedience of Allâh and sin)…..” (5:3)

ا لْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَطَعَامُ الَّذِينَ أُوتُواْ الْكِتَابَ حِلٌّ لَّكُمْ وَطَعَامُكُمْ حِلُّ لَّهُم

“The good things have this day been made lawful to you. The food of those to whom the Book was given is lawful to you, and your food is lawful to them.” (5:5)

Below is the brief article on ‘Zabeeha of the Ahle Kitab’ By Mufti Farooq Sahib. (Fiqhi Jawahir Vol.1 Pg.35)

The meaning of Ta’am in this Ayah (5:5) is Zabeeha. This means that the Zabeeha of the Ahle Kitab will be Halal for the Muslims.

(Tafseer Ibn Kathir Vol.2 Pg.19, Tafseer Qurtubi Vol.6 Pg.76)

Now, in order for the Zabeeha of the Ahle Kitab to be Halal for the Muslims there are six conditions that must be fulfilled:

1) Those who claim to be Ahle Kitab must be real, meaning, they believe in the existence of Allah, Angels, revelations, prophethood, they are not Mulhid (Atheist), Dahriyyah (o­ne who believes in the eternity of time and ascribes creation to time), science worshipper. If they mock Allah’s revelations and prophets, they are Mulhid, Dahriyyah etc, then they are not real Ahle Kitab.

Nowadays the Christians and Jews are mostly Mulhid, Dahriyyah etc, and they are just by names as Christians or Jews.

(Bayanul Quran Vol.3 Pg.7)

(Ma’ariful Quran Vol.3 Pg.48,49)

2) Whilst slaughtering the animal they utter a name besides Allah’s name, e.g. they utter the name of ‘Isa or ‘Uzair, then according to the Jumhur (majority) the Zabeeha will be Haram.

(Tabeenul Haqaaiq Vol.5 Pg.287)

Though the Christian and Jews have many alterations in their religion but in their law of slaughtering animal is similar to that of Muslims, that they regard an animal slaughtered other then the name of Allah as Haram.

(Tafseer Bahr Muheet Vol.4 Pg.431)

3) According to the Hanafis, the Ahle Kitab should utter In the name of Allah and not leaving it intentionally.

Allah Ta’ala says,

“Eat not (O believers) of that (meat) on which Allâh’s Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allâh).” (6:121)

(Ahkamul Lil Quran Lil Jassas Vol.2 Pg.322)

If an Ahle Kitab intentionally leaves the Bismillah then like the Muslims the Zabeeha of the Ahle Kitab will be Haram.

(Hidayah Ma’al Fatah Vol.8 Pg.409,410)

The Maslak, opinion of the Hanbalies is similar to that of the Hanafis. (Al Mughni Vol.9 Pg.311). However, according to Malikis and Shaf’ees, if one does not recite Bismillah the Zabeeha is Halal. (Sharhul Muhazzab Vol.9 Pg.78)

(Also see: Imdadul Fataawa Vol.3 Pg.545,546, Bahuth Fi Qadaya Fiqhiyyah Mu’asarah Pg.343,344, Fataawa Rahimiyyah Vol.6 Pg.174)

4) The Ahle Kitab must slaughter according to the Islamic way and not any other way.

(Imdadul Fataawa Vol.3 Pg.545, explanatory note no.1)

Nowadays they do not slaughter the animal but kill it instead.

(Tafseer Mazhari Vol.3 Pg.40, Ahsanul Fataawa Vol.7 Pg.416)

5) The Zabeeha must not be amongst the Haram animals prescribed in the Quran and Sunnah. E.g. swine etc.

6) The Ahle Kitab who after accepting Islam leaves it must not become a Christian or a Jew. (Badai’ Wa Sanai’ Vol.5 Pg.45)

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK