format_quote Originally Posted by
Osman
What do the 'Ulema say about slaughtering using mechanical methods?
MECHANICAL SLAUGHTER
It is quite obvious that for those animals slaughtered by a machine to be Halaal, such animals would need to be slaughtered according to Zibah-e-Ikhtiyaari, where it is in possession. It is obvious that it is only then that it can pass through the procedure of mechanical slaughter. If it is said that the method that is used is not Ikhtiyaari, then it would be impossible for the animal to be mechanically slaughtered.
During mechanical slaughter, the physical strength and intention of the person is not used, rather, the person appointed presses a button or releases a switch on the machine, which in turn causes electricity to pass through the cables of the machine giving motion to the motor, which in turn gives motion to the pulleys, which in turn gives motion to the blade causing the animal to be slaughtered. Neither is the motor, nor the blade brought into motion by the direct strength of the person operating the machine. If there is no electricity, then the motor would not run, therefore, not allowing the blade to operate and slaughter the animal. It is thus evident that the machine operator is not directly linked to the motion of the blade nor the actual slaughtering of the animal.
For a moment, let us presume that a person places a sharp weapon firmly into a wall or ties it to some object with the intention of Zibah, after which livestock is chased in the direction of the knife, whereby it crashes into the knife in a manner causing the necessary vessels to be severed. Even under these conditions, the animal is Haraam since it was killed through its own action and strength and not through the strength of the slaughterer, even though there are fewer Zari'ah or means ("processes") here than as in mechanical slaughter.
It is stated in "Kanzul Daqaaiq": "If a person places a small saw or a sharp weapon in a jungle by saying the Bismillah with the intention of hunting an antelope, and if he returns the next day to find the animal dead, due to it being severed by the weapon placed, then too it is not allowed for such an animal to be eaten". (Kanzul Daqaaiq, pg. 220)
Imam Zaili (radi Allahu anhu) has explained that the reason for this, is that in Zibah-e-Ikhtiyaari, the Muslim should slaughter the animal himself and in Iztiraari he should cause the animal's death by severing it himself. Without this, the animal cannot be regarded as Halaal, since such an animal is in the category of "Natihaa" and "Mutardiya", that is either beaten to death or injured by falling. This is evident from the following verse of the Holy Quran: "You are forbidden to eat the dead and blood and flesh of swine and that on which any name other than Allah is invoked at the time of slaughtering, and that which dies by strangling and that which is beaten to death by a blunt object and that which is killed by falling and that which is gored." (Sura Maida, Ruku 1. Ayat 3)
The point in "Kanz" about the animal being found dead the following day, is only hypothetical. However, even if it is found dead on the same day, it is still not Halaal, since the conditions of Zibah were not met. (Tabeenul Haqaaiq, Vol. 6, pg. 226)
There is a possibility that certain persons may have a doubt the above law after reading the following quotation found in "Durr-Mukhtar", Kitaab-us Sayd, etc. concerning hunting game: "If a hunter places a sharp weapon in a trap and watches over it, then if an animal is trapped, severed and killed in it, then it is Halaal." From this, it may seem that if a Muslim places the knife saying Bismillah with intention of Zibah, and if the animal is severed and dies in this condition, then it should be Halaal. In other words, it would seem that it is enough for the knife to be placed with the Niyyah (Intention) of Zibah. It does not seem necessary that the animal should be slaughtered by the person himself. If this is so, then mechanical slaughter should also be accepted as Halaal, since the motion of the machine and the blade was through the switching on by a person, and in some way, man is part and parcel of this procedure.
In clarifying these doubts, all I want to say is that it is enough to understand, that the law derived from "Durr Mukhtar" and other Kitaabs is specifically for those animals in the category of Zibah-e-Iztiraari and the laws of hunting are totally non-presumptuous (Ghair Qiyaasi), which cannot be applied on livestock, which are in the possession of humans.
In reality, even if a wild animal is captured and is in the possession of a Muslim, even then such an animal cannot be slaughtered in accordance with Zibah-e-Iztiraari, as it is now in possession and will fall into the category of Ikhtiyaari.
In this case, without doubt the animal of mechanical slaughter is in possession, and the law of Iztiraari is not applicable on such an animal. Such animals (in possession) fall into the category of Ikhtiyaari and must be slaughtered by the persons own action and intention. If it were allowed to slaughter livestock on the law of game animals, then it would also be permissible to severe livestock anywhere on the body causing its death. Whereas, to do so is disallowed.
With the exception of this, there is Ikhtilaaf (difference of opinion) amongst the Fuqahaa (Muslim Jurists) on the law of Hunting Game. It is stated in "Khulaasa" and "Muheet": "If a hunter places a knife in a trap and then leaves, after which an animal is caught and killed in the trap, then it is Haraam, and if the Hunter places the knife and is watching the trap, then such game is Halaal." Differing on this, Imam Zaili (radi Allahu anhu) and various other Jurists say that in both circumstances the animal is Haraam. Thus, Imam Shulbi (radi Allahu anhu) writes that the argument of "Kanz" presented by Imam Zaili (radi Allahu anhu) infers that after the hunter places a small saw and whether he leaves or is present makes no difference, since in both cases the animal, through its own strength, was severed and killed by itself and not by the hunter, thus rendering it Haraam. From this it can be well understood that Imam Zaili (radi Allahu anhu) does not accept the opinion of "Khulaasa", and other Kitaabs in this matter. (Tabeenul Haqaaiq, Vol. 6, pg. 226)
In this instance, Imam Shaami (radi Allahu anhu) has stated that in Zibah Iztiraari it is not a condition for the person making Zibah to do so himself. (Shaami, Vol. 5, pg. 192)
It must be understood that a difference of opinion exists in the matter of Zibah-e-Iztiraari, but in the matter of Ikhtiyaari it is unanimously agreed that the Zibah must be made by the person himself for the animal to be Halaal.
According to the Shari'ah and its terminology, the Faa'il (one doing the action, the subject) is that person who performs an action with his own strength and intention, thus it is deduced that the slaughterer is that person who, with his own strength and intention, slaughters the animal. Thus, it is clearly evident that in mechanical slaughter, the act of Zibah is neither carried out by the person saying Bismillah, nor by the operator of the machine, but by the moving blade showing that the severing of the vessels is the act of the machine. This is a clear fact that cannot be refuted by any intelligent person. Even those who sanction mechanical slaughter agree to this.
Source:
http://www.geocities.com/~abdulwahid...s/slaught.html