Rulings on what is permissible and what is not regarding foodstuff.

Question:
As-Salamu aleykum. Pork substances in Germany are often in mixed drinks or bread. Can we eat or drink?
Country: Germany
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In the 3rd verse of Surah al-Maidah Allah says,
حرمت عليكم الميتة والدم ولحم الخنزير…
“Made unlawful for you is carrion, blood, the flesh of swine…”

Question:
as salaamu alaykum. What are the conditions for food to be halal? Can we eat from restaurants such as McDonalds or KFC?
Country: United States
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
It is not permissible to eat anything that is prohibited by Islamic dietary guidelines. Things such as pork, alcohol, and carrion are impermissible. Regarding the meat (like beef or chicken) served at the average American fast-food restaurant, if its source cannot be determined as permissible, then it is unlawful to eat. This is according to Imam Nawawi’s assessment in Rawdah regarding lands wherein Muslims, Ahl al-Kitab, and others dwell together. In fact, the United States’ diverse demographics make tracing a normal restaurant’s meat source to an acceptable slaughterer nearly impossible. Here, the question is, “Who cut it?”

Question:
Take a piece of raw meat from the freezer. Place it in a bowl, to defrost in the microwave. Cut it on a chopping board then place into a pot with liquid and cook. Every stage of this process should deem the bowl, chopping board, knife, pot (and eventually kitchen sink when all the used utensils are placed in it to wash) all mutanijs? Any splatter (if fried) onto the cooking surfaces etc also same condition? Then if we wipe that surface with a wet cloth we’ve just compounded the problem. Can you please clarify if the extent the ‘excusable to eat’ ruling extends to regarding purity.
Country: Australia
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
Regarding blood which remains on meat and its bones the commentators on Minhaj opined that it is impure but excused. (Mughni v. 1, p. 232; Nihayah v. 1, p. 240; Tuhfah v. 1, p. 293)
However, Sharwani mentioned that such being pure is indicated to in Imam Nawawi’s Sharh al-Muhadhdhab and an approach considered by Imam Subki. (Hashiyat al-Tuhfah v. 1, p. 293) Imam Suyuti maintained the view. In al-Hawi lil-Fatawi v. 1, p. 21, he goes the way of considering it pure. He reasons that the blood takes the same ruling as the meat itself; and cites Imam Nawawi’s discussion in Sharh al-Muhadhdhab.

Question:
What is the ruling on the gelatin in medicine or vitamins?
Country: United States
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
The source of gelatin is the collagen found in the skin and bones of animals like cattle, pigs, poultry, and fish. Cellulose from plants may also be used. If one is unsure of the source of a tablet or capsule, then it is considered pure by default.
أما المشكوك فيحكم عليه بالطهارة عملا بالأصل
Medicine or vitamins that include gelatin may either be in a capsule or tablet form. In tablet form, besides for coating, the gelatin may have also been used as a processing agent (even if not mentioned on the label). During production, the gelatin may have been mixed with something else until its qualities were obliterated [istihlak].
Istihlak
The fuqaha discussed cases of istihlak. For example:
1) A pilgrim eating food with perfume in it. (Sharh al-Muhadhdhab v. 7, p. 273)
2) A small piece of flesh falling into meat, not making eating the entirety unlawful. (Nihayat al-Muhtaj v. 8, p. 158; Tuhfat al-Muhtaj v. 9, p. 388) Reason being:
لأنه لما استهلك فيه صار كالعدم
“Because once its own qualities were obliterated, then it became as if non-existent.” (Ibid)
Medicine Made from an Impurity
Capsules and coatings may also be made from gelatin.
The fuqaha addressed the issue of medicine made from an impurity. Ibn Hajar al-Haytami stated, “It is permissible to use medicine made from a dead animal’s hoof or bones (sic), pure or mixed…” (Fatawa v. 1, p. 28. Also, see: Ibn ‘Abd al-Salam’s al-Qawa’id al-Kubra v. 1, p. 132; Ibn Hajar’s Tuhfat al-Muhtaj v. 9, p. 170; Khatib Shirbini’s Mughni al-Muhtaj v. 5, p. 518)
‘Umum al-Balwa
The principle is:
المشقة تجلب التيسير
“Difficulty brings about ease.”
Difficult circumstance permits dispensation. Various reasons allow relaxation in a given ruling. One such reason is: public affliction or ‘umum al-balwa. (See: Ibn al-Subki in al-Ashbah wa al-Naza’ir v. 1, p. 48; Suyuti in al-Ashbah wa al-Naza’ir p. 160-80; Zarkashi in al-Manthur fi al-Qawa’id v. 1, p. 120; v. 2, p. 24, 317; v. 3, p. 169)
In Conclusion
The presence of gelatin in some medications and vitamins may be regarded as istihlak. The fuqaha discussed using impurities medicinally. The widespread use of gelatin in pharmaceuticals and vitamins could make avoiding it a public affliction [‘umum al-balwa]; and therefore excusable. If equivalent alternatives exist, then one should opt for them instead.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
As Salaamu Alaikum,
In my hometown, there is a Sikh owned restaurant that buys its meat from the local Zabiha shop. Is it permissible to eat there? Can one eat at such a restaurant where there are non-Muslims working or who own it?
Country: United States
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
It is very important for a Muslim to eat what is permissible according to Islamic dietary guidelines. Perhaps some restaurants which are run by non-Muslims could claim to stock halal products while they do not have sufficient knowledge regarding the specifics of our dietary laws. Additionally, a non-Muslim does not have the Allah-fearing nature that a Muslim has pertaining to such matters. For instance, if the restaurant runs out of beef on short notice, would they consider a substitute for dhabihah sufficient until they get something else?
It is better to be careful. In some American cities, there are restaurants run by non-Muslims that claim to the customer at the door that they only stock halal products, while a bit of investigation may produce evidence to the contrary.
The locality where the restaurant is should seek the assistance of the local ulama to inspect the establishment, and verify whether or not Islamic dietary guidelines are being maintained.
What was mentioned above does not mean that we cannot eat lawful food which is served by a non-Muslim. It is permissible to eat what a non-Muslim or corrupt Muslim serves, so long as what they serve is permissible. In Sharh al-Muhadhdhab v. 9, p. 418, Imam Nawawi stated,
ولو امتنع من أكل طعام حلال لكونه حمله كافر أو فاسق بالزنا أو بالقتل ونحوه لم يكن هذا ورعا بل هو وسواس وتنطع مذموم.
“If refraining from eating lawful food is due to it being served by a non-Muslim or transgressor by fornication, murder, etc., this is not scrupulousness; rather, it is neurotic misgiving and blameful over-strictness.”
And Allah Most High knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
How is it to feed the common people and mourners at the home of the deceased after burial?
Country: South Africa
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
The source of the food could be either:
1) From the estate, while apportioned for another (like a minor, creditor, or absentee), it is unlawful; moreover, whoever spends from it is liable. (‘Umdat al-Mufti wa al-Mustafti v. 3, p. 181) However, when from the estate, without being apportioned to another and with consent from all entitled to it, then such is a disliked innovation. (Tuhfat al-Muhtaj v.1, p. 437)
This is an innovation as it is opposite to the established sunnah. The Prophet Muhammad said, “Cook for the family of Ja’far, they have been struck by something that keeps them busy.” (Musnad Ahmad #1751; al-Mawsu’at al-Hadithiyyah p. 280)
2) Not from the estate, it is permissible; but it is disliked to eat at a house where the family is not cooking due to mourning. If the family is not cooking on account of other reasons, then it is not disliked to eat there, with the condition that the food is not from the estate. (Tuhfat al-Muhtaj v. 1, p. 437)
And Allah knows best.
Answered by: Ml. Tariq Muhammad
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