Muslim ritual slaughter (dhakât)

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Synthesis based on the book Le Marché du Halal, entre références religieuses & contraintes industrielles, Mostafa Brahimi & Fethallah Otmani.^[1]

When slaughtering animals it is the context, which determines the method of slaughter: it can be carried out when an animal is under control, or on the contrary when it is free from restraint, for example during hunting.

There are three methods of slaughter:

dhabh: this method, recommended for small or medium-sized animals (sheep, cattle, goats, etc.), requires the slitting of the vital parts of the animal’s neck.
nahr: for this method, commonly used for tall or long-necked animals, such as camelids (dromedary, camel), the slaughterer must thrust a blade in the animal’s suprasternal fossa (above the sternum).
aqr: this method is used for animals that are not under control (during hunting, for example) or for farm animals that evade capture. This requires a fatal wound to the animal with a sharp instrument.

In this article, we will focus on the first method, dhabh, as it’s most relevant to AVS activity.

Meat consumption is well documented in the Texts (Quran and Sunnah); they determine which animal is and isn’t lawful to consume, and state the rites of slaughter that render meat permissible for consumption (halal).

The aim of Islamic ritual slaughter is to purify – spiritually and physically – meat. First of all, it ensures the obtaining of meat that is dedicated to the one God, the Creator of all beings. Since the right to take the life of an animal is a derogation granted by God to men, the animal’s slaughter can only be done in the name of God. Additionally, ritual slaughter ensures the obtaining of healthy meat since the sticking process^[2], practiced accordingly to Islamic rite, drains the animal of most of its blood. Blood is considered an impurity (najasa) in Islam because it is the element that putrefies the quickest.

I. The dhabh’s main stages

In its practical dimension, the dhabh, as mentioned earlier, consists of slitting vital organs of the animal’s throat, leading to a swift death but it is framed by a number of obligations and recommendations that must be respected. We will provide here an overview of the different stages of dhabh, indicating (O) for the deeds that are obligatory and (R) for those that are recommended. Note that the obligations can nullify the ritual slaughter if they are not fulfilled, while recommendations serve to perfect the act of slaughter and preserve the animal’s welfare.

Dhabh applies to small to medium-sized animals, such as cattle, sheep or poultry. Before slaughtering the animal, it is advisable to give it a drink (R), to not subject it to any violence or stress, and if it is stressed, to give it time to calm down.

The slaughterer makes the animal lay down on its left flank (R), facing the qibla (Mecca) (R), and shackles its legs (R).

The slaughterer utters the words: « In the name of God, bismi-Llah » (O).

If it part of a sacrifice^[3], he may add, « Allahu Akbar. Allahumma minka wa ilayka « (God is greater. Lord, (this sacrifice) comes from You and is meant for You » (R).

The slaughterer pulls the animal’s head back, so as to uncover its neck; he takes the sharp (R) knife with his right hand (R), and passes it quickly (R), and forcefully over the animal’s neck.

The slaughterer must sever the windpipe, the oesophagus and the carotid arteries (O), cutting at the same time the jugular veins.

If necessary, the slaughterer can pass the blade across the animal’s neck several times.

When the slaughterer sees that the blood is forcibly gushing, which indicates that the two carotid arteries are cut (O), he must stop cutting (R), taking care to not decapitate the animal

Then the slaughterer must refrain from handling the animal until the latter is completely motionless (R).

II. The obligations

As mentioned, ritual slaughter is framed by a number of obligations that we will detail below.

The intention

Is it essential to express one’s intention before performing ritual slaughter? Some Maliki scholars consider slaughter as a devotional deed (‘ibada) and therefore request that the intention should be expressed. However the vast majority of scholars, including others from the Maliki school, do not demand it, considering slaughter as a non-devotional deed. The fact that the deed can be performed by non-Muslims (Jewish or Christian) is enough to support this opinion (which we will return to later).

The basmalah

If an animal is slaughtered for other than God, its meat is unlawful for consumption, as correlated by the words of the Prophet (peace and blessings upon him): “May God curse the one who offers a sacrifice to anything other than God.” But the need or not to pronounce the basmalah during the ritual slaughter is subject to different opinions amongst scholars. At first glance it is an obligation, as the following verses and hadiths testify:

“And do not eat of that upon which the name of Allah has not been mentioned” [Quran/121]

“So eat of (meats) on which Allah’s name hath been pronounced if ye have faith in His Signs.” [Quran 6/118]

The Companion Rafi Ibn Khadij narrates that the Messenger of Allah (peace and blessings upon him) said: “[…] Slaughter swiftly. Eat [of any animal] whose blood has been flushed out forcefully, and upon which the name of Allah has been pronounced”

Aisha (may God be pleased with her), related that some Companions had asked her husband: “A group of people, who have just recently entered Islam, have come to us with meat, and we do not know whether the name of Allah has been mentioned over it or not.” He replied, “You, yourselves, mention the name of Allah over it and eat.”

Scholars have interpreted these Texts in different ways:

– For Imam Shafi’i, the Texts do not infer the obligation to pronounce the basmalah, but make it a strong recommendation (sunna mu’akkada). Therefore the basmallah doesn’t determine the lawfulness of the meat. This opinion is also shared by his school, the Companions Abu Hurayra and Ibn ‘Abbas,’ Ata and some Maliki scholars, as well as Ibn Hajar al-Asqalani, Khattabi, Mundhiri and others. For these scholars, the flesh of the animal remains lawful (halal) if the name of God hasn’t been mentioned during the slaughter, whether by oversight, ignorance, or intentionally. But obviously they would prefer for the basmalah to be pronounced and it remains for them a strong recommendation (sunna mu’akkada).

– For other scholars, the basmalah is an obligatory condition that guarantees the lawfulness of the animal’s flesh. However, if a believer does not pronounce it, whether out of forgetfulness or ignorance, its slaughter remains valid and the animal’s flesh is still lawful (halal). This opinion is shared by the majority of Muslim scholars, including Imams Malik, Abu Hanifa and Thawri, the Hanbali school and many Companions. It is based on the following hadith (reported by Abu Dharr): “Verily, Allah has pardoned my nation for their mistakes, their forgetfulness, and what they are coerced into doing.” This hadith is a key pillar of Islamic law (fiqh). However, if it turns out that the Name of God has not been pronounced deliberately then, the animal’s flesh becomes unlawful (haram).

– Finally, according to other Muslim scholars the basmalah is an obligation and a sine qua non framing the lawfulness of the animal’s flesh. The reason why the basmalah was not pronounced is entirely irrelevant here. This opinion is most notably shared by Sheikhs Ibn Taymiyya and al-Uthaymin, who set aside the hadith by Aisha and that on forgiveness mentioned above.

The second opinion appears to be the most pertinent to us because it is both the most soundly argued, and the most prevailing. Thus, the slaughterer must utter the following words: In the name of God, God is greater, Bismi-Llah, Allahu Akbar.

Sheikh al-Uthaymin specifies that if a person cannot pronounce the basmalah aloud because of a disability he/she can pronounce it to themselves.

Finally, we must specify that while some Hanbali scholars consider that the basmalah must be uttered when the slaughterer is passing his/her knife across the animal’s neck, the majority of scholars believe that the basmalah can be pronounced prior to, or when drawing the knife across the neck.

The instrument used must be sharp

The hadith quoted above, from Rafi ‘Ibn Khadij, is explicit: the Prophet said, “Slaughter swiftly. Eat [of any animal] whose blood has been flushed out forcefully, and upon which the name of Allah has been pronounced. […]”

Another hadith specifies: “Verily, Allah has enjoined excellence (ihsan) with regard to everything. So, when you kill [an animal], kill in a good way; when you slaughter, slaughter in a good way; so everyone of you should sharpen his knife, and let the slaughtered animal die comfortably.”

One should therefore choose large knives, sharpen them properly, and act swiftly, while holding the animal’s head firmly to facilitate the operation.

Sticking process: organs, which require severing

The slaughterer must place his knife against the animal’s throat and sever the trachea-artery, the oesophagus and the two carotid arteries. These four organs can be sliced above or below the thyroid cartilage (opinions differ on this issue but, for the majority of scholars, both practices are valid)

Cutting the carotid arteries stops the blood circulation while slicing the windpipe blocks the breathing and the oxygenation of the brain, killing the animal swiftly. It is important to highlight that because the carotid arteries adjoin several veins (especially in sheep and cattle), when the sticking is performed, the veins and arteries are severed simultaneously. But the blood from the carotid arteries gushes forcefully and spasmodically (with the final movements of the heart), while blood from the veins flows more regularly and slowly. This distinction assures the slaughterer that he has indeed cut the carotid arteries.

It is important to specify that while it’s only compulsory to cut the carotid arteries, scholars recommend that the four organs be severed simultaneously because the objective is to kill the animal as painlessly as possible: the windpipe, the oesophagus and the two carotid arteries must therefore be cut. Such is the consensus of scholars on the subject, according to Nawawi.^[4]

Nawawi also reports the following opinions:

– For Imam Shafi’i, it’s only obligatory to sever the windpipe and the oesophagus, while the cutting of the carotid arteries is just a recommendation. This is also the most authoritative opinion of Imam Ahmad.

– For Abu Hanifa, if three of these organs are severed then the animal’s flesh is lawful; slicing the fourth (the second carotid artery) is only a recommendation. This opinion is also shared by Ibn Taymiyya.

– Different versions of Imam Malik’s opinion exist, but the most common one is that it is mandatory to cut the two carotid arteries and the windpipe. In a different version, Imam Malik considers it compulsory to slice the four organs.

– Finally, Layth Ibn Sa’d and others consider that it is mandatory to cut all four organs.

The opinion of Imam Malik appears to be the most judicious because severing the two carotid arteries and the windpipe is the quickest way to kill the animal and thus to guarantee the lawfulness of its flesh. But if, out of necessity or by accident, only one artery is cut, in addition to the windpipe and oesophagus, then the slaughter remains valid according to Shafi’i and we can also find this opinion within the Hanafi and Hanbali schools of law, even though opposing opinions also exist in these two schools. Only the Maliki school of law invalidates this type of slaughter because it requires the slicing of both carotid arteries. However, the cutting of a single artery remains sufficient because the Prophet (peace and blessings upon him) specifies that the blood must flow as fast as possible, as in this particular case. But this must remain an exceptional practice since the best way to proceed (ihsan) consists, as we have already written, in severing the four organs mentioned above.

Finally, let’s remind ourselves that in practice the slaughterer will cut the four elements mentioned above as well as the jugular veins that adjoin them.

Authorised practices during the sticking process

Some actions, which are neither mandatory nor recommended, are allowed if they are considered necessary. Thus ritual slaughter remains valid in the following cases:

– If the slaughterer passes the blade of his knife several times across the animal’s neck in order to complete the slaughter;

– If he pulls away his hand during the slaughter to check the quality of his cutting, and slices again if necessary.

– If he replaces his knife with another knife during the process;

However, changing one’s knife or raising one’s hand during the sticking process should be done as quickly as possible, and as a matter of necessity to avoid exposing the animal to further suffering.

III. Recommendations

Various prophetic recommendations exist which the believer must do their utmost to follow because they are important for the animal’s welfare and to spare it from unnecessary suffering.

Sharpen thoroughly the knife’s blade before the sticking process.

Ibn Umar reports that the Prophet (peace and blessings upon him) ordered believers to sharpen their blades but not in front of the animals, and to perform the sticking process quickly.

Ibn ‘Abbas narrates that a man threw a goat on its side [to slaughter it] and then started sharpening his knife. When the Prophet (peace and blessings upon him) saw him he said: “Do you want to kill it twice? Why did you not sharpen the knife before throwing it on the ground?”

The following hadith sets the benchmark of the way one must behave towards animals about to be slaughtered: « Verily, Allah has enjoined excellence (ihsan) with regard to everything. So, when you kill [an animal], kill in a good way; when you slaughter, slaughter in a good way; so everyone of you should sharpen his knife, and let the slaughtered animal die comfortably.”

The believer must therefore treat the animal with a great deal of care and spare it, out of negligence or carelessness, from avoidable suffering.

Avoid severing from neck to the spinal cord in one go.

When slicing the four organs, the slaughterer should ensure that he’s not, at the same time, severing the cervical vertebrae and the spinal cord. If this was to happen accidentally, the animal’s flesh would remain lawful for consumption as emphasized by Imam Ibn Hajar al-Asqalani but the slaughterer must prevent it from happening in the first place.

To avoid slaughtering an animal in front of another animal

On the basis of the previous hadith recommending that one must not sharpen one’s blade in the presence of the animal about to be slaughtered, several scholars also specify that one should not kill an animal in front of others animals.

To wait for the complete death of the animal

After the sticking process, one should not touch the animal until it is lifeless. The Prophet (peace and blessings be upon him) recommended « not to cut or remove the animal’s head until it dies completely. »

On the basis of this hadith and that of the best attitude (ihsan) to adopt towards animals, scholars have drawn the following recommendations: after bleeding the animal, one must let it pass away peacefully. One must not hasten to slice its head or cut it up. Behaving in such a way is tantamount to committing a blameworthy act (makruh, according to the Hanafi, Maliki, Shafi’i and a part of the Hanbali schools of law). Some Hanbali scholars even forbid it (notably Imam Ibn Taymiyyah and Sheikh al-Uthaymin).

Nevertheless, if a part of the animal (its head or leg for example) was cut before the complete death of the animal, its meat and the rest of the animal would remain permissible for consumption according to the majority of scholars because this action, although reprehensible, is not akin to a mutilation. Mutilation is strictly prohibited in Islam and if a person cut a part of an animal while the latter is still alive, its meat is unlawful for consumption.^[5]

Facing the qibla

Whenever possible, the slaughterer should turn towards the qibla (Mecca). The animal, placed on its left flank on the ground, should also face the qibla. Many scholars believe this to be highly recommended (mustahab) because Ibn Umar used to perform the ritual slaughter this way and believers should seek to imitate him. Ibn Rushd considers that the practice is only permitted, as no text exists referring to it. Lastly, Sheikh al-Uthaymin specifies that whoever does not turn the animal towards the qibla has not committed any fault.

IV. Criteria regarding the Muslim slaughterer

What criteria must a Muslim slaughterer meet for its slaughter to be deemed lawful? We will answer this question in this section and address separately the specific case of Jewish and Christian slaughterers.

Man or woman?

Both men and women can perform ritual slaughter. Authentic hadiths attest that women practiced it at the time of the Prophet (peace and blessings upon him). One of them was the maid of the Companion Ka’b Ibn Malik. She was a shepherdess and one day while she was with her flock in Sil ‘Mountain, one of the sheep was seriously wounded. The shepherdess then took a flint and slaughtered the animal before it took its last breath. Advised of this, Ka’b wondered if the meat was halal and questioned the Prophet (peace and blessings upon him) who replied: « Eat it! »

Sheikh al-Uthaymin specifies that whether or not one has his/her major or minor ablutions is irrelevant. A woman can therefore perform ritual slaughter, even if she has her period or has just given birth, since in the mentioned hadith, the Prophet (peace and blessings upon him) didn’t enquire into it. The same goes for men who haven’t performed their minor or major ablutions.

Full mental faculties

The slaughterer – whether Muslim, Jewish or Christian – must be in possession of his/her full mental faculties (mumayyiz). Thus, any ritual slaughter carried out by a person who lacks these faculties is not valid: as in the case where the slaughter is performed by a person who suffers from a mental illness, an immature child, or someone who is intoxicated as a result of alcohol or drug abuse and so on.

Imam Shafi’i is the only renowned scholar to consider that having full mental faculties is not a sine qua non for carrying out lawful slaughter. For him slaughtering an animal falls outside the realm of worship (ibadat) and therefore does not require a particular intention to be performed. But his opinion is not mainstream with most schools of law and scholars believing that the slaughterer must be fully aware of what he/she is doing, if only to prevent them from unintentionally inflicting further suffering on the animal.

When a Muslim violates certain rules

Ibn Rushd reports that there is a debate among scholars regarding Muslims who do not pray, and more generally those considered as having bad morals (fasiq). While, for a majority of scholars, the slaughter performed by such Muslims is accepted, others consider that their slaughter is illegal (haram). Thus, for the Hanbali school, many Companions, and the Saudi Council of great scholars, the slaughter of a Muslim who does not pray is considered unlawful. The scholar Dawud az-Zahiri went as far as rejecting the slaughter carried out by people convicted of theft.

V. Jewish or Christian slaughterers – the People of the Book (ahl al-kitab)

It is lawful for Muslims to eat the food of the People of the Book (Jews and Christians), as specified by the Quran and Sunnah. The Quran says, “The food of the People of the Book is lawful unto you and yours is lawful unto them.” [Quran 5/5]

According to Ibn ‘Abbas and a number of scholars, the words « lawful food » relates more specifically to meat products, provided that the animals are licit for consumption in the first place, and that they have died after their throat has been severed.

In this respect, a hadith reports that a Jew once invited the Prophet (peace and blessings upon him) to his home offering him bread with melted animal fat. The Prophet ate it.

If Muslims can consume the meat of animals (licit for consumption) that have been slaughtered by the People of the Book, it is because originally Christians and Jews also bled their animals and uttered God’s name, as recommended by their scriptures. But, while orthodox Jews continue to strictly adhere to these religious precepts in their ritual slaughter, the majority of the People of the Book don’t.

Our own contemporary context, therefore, forces us to ask ourselves a number of questions. Thus, while the general principle is to accept the slaughter by the People of the Book, what happens when Jewish or Christian slaughterers don’t pronounce the basmalah (which is a compulsory deed for Muslim slaughterers)? Or if they pronounce a name other than God, for example Jesus (may God be pleased with him)? Finally, should we consider those working in slaughterhouses in Europe, and more widely in the West, as People of the Book?

1. If the basmalah is not pronounced.

If a Jewish or Christian slaughterer bleeds an animal without pronouncing the name of God, the basmalah, and without uttering anything else, the lawfulness of the meat is subject to interpretation. According to a research carried out by Ibn Qudama, while some scholars consider unlawful the meat of an animal slaughtered by a Christian or Jew who deliberately did not pronounce the basmalah, for most Muslim scholars (notably those from the Maliki and Shafi’i schools), this meat is still permissible for consumption, because according to them the basmalah is compulsory for a Muslim slaughterer but not for a Christian or a Jew. Finally and according to Ibn Rushd, if we do not know whether the basmalah has been pronounced or not, the majority of scholars consider the meat lawful.

2. If a name other than God has been uttered, notably that of Jesus or a Saint.

According to Ibn Qudama, while opinions also diverge on this issue, the overwhelming majority of scholars (including Caliph Ali, Imam Shafi’i and the Hanafi school) consider that such meat is illicit. However, for Imams ‘Ata’, Mujahid and others, the meat remains licit for consumption if it is the name of Jesus that has been uttered instead of the basmalah. Finally, for Imam Malik and his school of law, consuming such meat is blameworthy (makruh), but not strictly prohibited.

3. Can slaughterhouse workers in Western countries be considered as People of the Book?^[6]

Contemporary scholars have at length studied the issue of meat consumption in European and Western countries because, while many countries are characterised historically by Judeo-Christian tradition, employees working in slaughterhouses can be practicing or non-practicing, followers of new Churches, atheists, agnostics, or a mixture of people from different faiths and philosophies of life.

In practice, it is nowadays most often impossible to ascertain the religious background or religiosity of slaughterhouse employees. The latter can therefore not be assumed to be People of the Book. Unsurprisingly, several fatwas forbid the consumption of meat deriving from an animal slaughtered by a person whose religious affiliation is unknown.

« The one whose religious affiliation we do not know – neither Muslim, nor belonging to the People of the Book – and if there is no sign to determine his background, then the animals he slaughtered cannot be consumed. »^[7]

Added to this pitfall is the issue of stunning, a practice that while now mandatory in all Western slaughterhouses^[8] is incompatible with the Islamic rite of slaughter. Here as well, one can find several fatwas prohibiting the consumption of meat deriving from animals that have not been slaughtered according to the rite^[9] – such meats are equated with flesh from dead animals (mayta):

« If it is accepted that, in principle, we could consider these animals as having been slaughtered by the People of the Book, it is today widely acknowledged that these animals, for the most part, are not slaughtered according to the Islamic rite. As a result, these meats are considered to be from dead animals (mayta) because the bleeding process only took place after the animal’s death.« ^[10]

So unless you know the slaughterer personally, are certain that he/she is Jewish or Christian and that he/she performed the slaughter according to the Muslim rite – two conditions that are never met in slaughterhouses in Western countries – it is obvious that the meat deriving from his/her slaughter is unlawful for consumption.

It should be added, however, that some Muslims invoke a hadith (already mentioned above) to justify the consumption of meat from lawful animals, even when one doesn’t know how and by whose hand they have been slaughtered, arguing that one just need to pronounce the basmalah and eat the meat.

Aisha (may God be pleased with her), related that some Companions had asked her husband: “A group of people, who have just recently entered Islam, have come to us with meat, and we do not know whether the name of Allah has been mentioned over it or not.” He replied, “You, yourselves, mention the name of Allah over it and eat.”

But such an understanding of the hadith is questionable. Indeed, the Companions were referring to Muslims who, through ignorance, might have slaughtered the animal without uttering the name of God, unaware that it was compulsory to do so. Our current situation is far from identical, since the meat always derives from animals that have been stunned prior to being slaughtered. Furthermore, we usually know nothing about the religious backgrounds of the slaughterers.

Living in a country of Judeo-Christian traditions therefore offers absolutely no guarantees, and the prevailing opinion is that it is forbidden for Muslims living in Western countries to consume meat (from permissible animals) that is derived from mainstream production (i.e. non-halal and non-kosher).

[1] Page 55 to 75, Tawhid, AVS. To find the sources of the hadiths and opinions quoted in this article, please refer to the chapter of the book mentioned above.

[2] Sticking refers to the cutting of the animal’s throat.

[3] For example to celebrate Eid.

[4] Ibn Rushd and al-Uthaymin judiciously mention that, usually, arteries and jugular veins can only be reached by cutting the windpipe and esophagus. See islamqa.com, Fatwa n° 83362

[5] See Lawful and unlawful animals (part one)

[6] This question is obviously asked within the framework of meat that is originally permissible for consumption.

[7] Islamweb.net, fatwa n° 128013, 18.10.2009 (28 shawwal 1430).

[8] Derogations are however granted in many countries for the production of halal and kosher meat.

[9] Imam Ibn Hazm doesn’t share this opinion. According to him, as long as the slaughterer is Jewish or Christian, the slaughtered animal is permissible for consumption.

[10] Islamweb.net, fatwa n° 2437, 26.03.2001 (1^st muharram 1422).