Yaser Birjas
and Yasir Qadhi, both instructors at al-Maghrib Institute, had a debate on whether it is permissible
to eat meat from the People of the Book
(Ahl-e-Kitaab), i.e. the Jews and Christians, in the USA.
The debate
between Yaser Birjas and Yasir Qadhi can be heard on YouTube:
While Yasir Qadhi’s position in this instance is correct
(a rarity indeed) — that it is not allowed for Muslims to eat any
unslaughtered meat, including chicken, from American fast-food
restaurants while Yaser Birjas begged
to differ.
This is
clear from Yaser Birjas’s words at the very
end of the debate in Part-2, when he clearly confessed to
eating such meat:
“I
was eating chicken; he [meaning Yasir Qadhi] was eating
something else.”
But eating
such chicken is no laughing matter.
It is Haraam!
Yasir
Qadhi, Yaser Birjas is not
qualified to give a fiqhi opinion on the matter.
Even
worse, Yaser Birjas says he derives
his position on the permissibility of
eating chicken at US fast-food
restaurants from the Shafi’i madhab (!).
This is a gross misrepresentation of the
Shafi’i madhab which Yaser Birjas should
repent for. Such blunders are inevitable when non-scholars like Yaser
Birjas play scholar on fiqhi issues when they are clearly not in a
position to do so. One can only wonder how many youth were misguided by Yaser
Birjas’s position that Muslims can eat chicken in US fast-food restaurants
“because they are People of the Book.”
SHAYKH
HAMZA KARAMALI EXPLAINS
THE SHAFI’I POSITION ON MEAT IN THE USA
Shaykh
Hamza Karamali of Qibla
(formerly Sunnipath Academy) explains the incorrect
understanding that some people (like Yaser Birjas) have of the Shafi’i madhab’s
position on the matter. It is worth reading Shaykh Karamali’s response in full
to understand how Yaser Birjas misrepresented
the Shafi’i madhab.
A
questioner asked:
“Could you please explain to me the
position of the Shafi’i madhhab on eating the meat of those who call themselves
Christians, in the West, for example, Mcdonalds? Is it halal to eat this type
of meat?”
Shaykh
Karamali responded:
In the Name
of Allah, Most Merciful and Compassionate
assalamu
`alaykum wa rahmatullah wa barakatuh
I pray that
this message finds you well. May Allah reward you for asking this important
question.
It is not
permissible to eat meat
unless it fulfills the conditions of a valid Islamic slaughter. Meat that
hasn’t been Islamically slaughtered is called “carrion” (Ar. maytah) and
Allah Most High clearly prohibits the consumption of carrion in many verses,
such as “Prohibited for you are: carrion, blood, …”
(5:3).
The meat
that is sold in supermarkets and restaurants in countries with small Muslim
populations, such as the United States, Canada, the United
Kingdom, and other countries, does not generally meet the conditions of a
valid Islamic slaughter and is not permissible to eat.
Some
Muslims argue that the Shafi`i school permits eating such meat.
This is a
mistake. The meat
that is prevalently available in such lands is not halal and impermissible to
eat even according to the Shafi`i school.
The Muslims
who mistakenly ascribe this position to the Shafi`i school argue that
(1) since the Shafi`i school does not
require the slaughterer to recite the name of Allah while slaughtering, and
(2) since the Quran permits us to eat the
meat of Christians, the meat found in supermarkets and restaurants is
permissible to consume. This reasoning is incorrect on both of its premises.
The first
premise is a true
premise but makes a number of incorrect assumptions. It is, in fact, true that
reciting the name of Allah while slaughtering is not a requirement in the
Shafi`i school. However, the Shafi`i school–like other schools –makes
other stipulations regarding a valid slaughter that are generally not met in
non-Muslim countries. For example, the slaughter is only valid if the windpipe
and gullet of the animal is severed with a sharp instrument. Killing the animal
through electrocution or a through a shot to the head violates this condition
and the resulting dead animal is not permissible to eat at all. This is, in
fact, how most meat is slaughtered in non-Muslim countries.
The
second premise also
does not lend credence to the argument because according to the Shafi`is, the
meat validly slaughtered by Christians (i.e. by severing the windpipe and
gullet with a sharp instrument) is only permissible to eat if the Christians
meet certain stringent conditions. The vast majority of Christians alive today
don’t meet these stringent conditions and their slaughtered meat is not
permissible to eat in the Shafi`i school. [1]
So, if anything, the Shafi`i school is even stricter than other schools when it
comes to the permissibility of eating meat that is slaughtered by the People of
the Book.
And Allah
Most High knows best.
Hamza.
[1] The Shafi`is stipulate that the
Christian whose slaughtered meat is permissible to eat is someone who has an uninterrupted
Christian lineage all the way back to pre-Islamic times. If the Christian
is of non-Israelite descent, then this needs to be positively established
(virtually impossible in our times). If the Christian is of Israelite
descent, then the conditions are less stringent.
Reference: Hashiyat al-Jamal `ala Fath al-Wahhab
MMVIII © Qibla.
MMVIII © Qibla.
(Source:
Here)
The
Shafi’i Fiqh Fatwa Department was also asked the same question.
Question: “Allah made it lawful to eat the meat of the people of the
book/scripture…Now in the U.S.A. does the same apply to
fast food places that sell chicken and you do not know how it was killed?”
Answer:
Regarding a
Muslim consuming meat whilst residing in a minority context, Imam Nawawi
mentioned,
“What
if an animal is found slaughtered, and it is not known whether or not the one
who slaughtered it was a Muslim, from Ahl al-Kitab, or from other than
them [Majusi]? In this case, when the animal is found in lands where there are
Muslims and others, it shall not be considered as halal (i.e. it is
impermissible) due to the uncertainty of if it was lawfully slaughtered.” (Rawdat al-Talibin 3/270, also see:
Mughni al-Muhtaj 6/121)
According to
the United State’s 2010 Census figures, about 16.1% of
Americans adhered to the category of “no religion.”
And 0.7% claimed to be Buddhists, 0.4% claimed to be Hindus, and 1.2% claimed
other religions. Thus, about one-fifth of the population in the United States
adheres to a religion other than Christianity, Judaism, or Islam. In some
states, like Vermont, the rate of people claiming “no religion” is
significantly high, being reported at 34%.
(See:Here )
Accordingly,
the situation in the United States would be as Imam
Nawawi stated in Rawdah, “it is
not clear as to whether or not he who slaughtered it was a Muslim, from Ahl
al-Kitab, or from other than them…” (Rawdat al-Talibin 3/270)
Therefore,
it is not permissible to eat the meat served in fast-food restaurants in the
United States; unless verified that the food served is acceptable
according to Islamic dietary guidelines.
And Allah
knows best.
Shafiifiqh.com
Fatwa Dept.
Source: Here
Yaser Birjas
should repent for speaking without knowledge and misguiding and confusing our
youth on the matter. His view must certainly have caused many youth to eat haraam chicken at McDonalds
and other places in the USA.
We seek refuge in Allah from such misguidance.
Indeed, our beloved Prophet (peace & blessings be upon him) had warned:
“Allah does not take away the
knowledge by ordering it pulled out of the hearts of the people. Instead, Allah
takes the knowledge away by making the scholars die. When no scholar remains,
people take for the themselves ignorant leaders whom they ask for religious
answers. These leaders will answer them with ignorance, thus straying and
leading them astray.” (Source:
Hadith Tirmidhi)
Narrated By 'Abdullah bin
'Amr Radiallahu Anhu :
I heard the Prophet (Sallallahu Alaihi Wasallam) saying, "Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the religious learned men with their knowledge. Then there will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and go astray." [Sahih Bukhari Volume 009, Book 092, Hadith Number 410]
I heard the Prophet (Sallallahu Alaihi Wasallam) saying, "Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the religious learned men with their knowledge. Then there will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and go astray." [Sahih Bukhari Volume 009, Book 092, Hadith Number 410]
May Allah
protect us from pseudo-scholars and Guide us on the Straight Path of the most
knowledgeable in our Ummah. Aaameen!
