What is the ruling on uttering the name of Allah over the slaughtered animal, and what is the evidence for the prohibition of what has not had the name of Allah mentioned over it, especially since it is not mentioned in the verses concerning the prohibition of foods?
Scholars differ on the ruling concerning uttering Bismillah (the name of Allah) when slaughtering, holding several opinions:
The Hanafis, Malikis, and Hanbalis (in their well-known view) hold that uttering Bismillah is obligatory, but the slaughtered animal is permissible if it was omitted due to forgetfulness. They cite the Almighty's saying: "And do not eat of that upon which the Name of Allah has not been mentioned, for indeed, that is grave disobedience" (Quran 6:121), and the stating that Allah has overlooked mistakes and forgetfulness.
The Shafi'is (and a narration from Ahmad) hold that it is a (recommended). They cite the Hadith of Ka'b ibn Malik's slave girl who slaughtered a sheep with a stone, and the permissibility of eating the meat slaughtered by the People of the Book. They refute the first opinion by arguing that the verse "And do not eat of that upon which the Name of Allah has not been mentioned" refers to what has been slaughtered for other than Allah.
The Zahiris (and a narration from Malik and Ahmad) hold that it is a condition that is not waived under any circumstances. They cite the generality of the aforementioned verse and the Prophet's saying (peace be upon him): "Whatever causes blood to flow and Allah's Name is mentioned over it, eat."
The evidence for the prohibition of that over which Allah's name has not been mentioned is the Almighty's saying: "So eat of that upon which the Name of Allah has been mentioned, if you are believers in His verses" (Quran 6:118), along with His saying: "And do not eat of that upon which the Name of Allah has not been mentioned, for indeed, that is grave disobedience" (Quran 6:121). Religious rulings are derived from the totality of evidence from the Quran and Sunnah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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