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

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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Question:
As Salaamu Alaikum,
Firstly Baraka Allahu Fikum, this service is invaluable and I am grateful to Allahu Ta’Alaa that He has allowed it to be available.
My question is related to food once again. Recently I went to a fast food restaurant and was excited because they don’t use any pork products (including lard). They serve fish tacos and I wanted to try them. However their fish is “beer battered”. So I refrained. But I was told by a student that it would be Halal because it was impossible to get intoxicated from it, but he is in a Hanafi institution studying. Can you explain our School’s position?
Country: United States
Answer:
wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In Mughni al-Muhtaj v. 5, p. 517, Khatib Shirbini mentioned a comparable situation, and stated,
لأن عين الخمر أكلتها النار وبقي الخبز نجسا
“…as the substance of alcohol is consumed by fire; the bread remains impure.”
Fire/cooking does not remove impurity, and the Shafi’i School considers alcohol, like beer, impure. Therefore, even when cooking removes all the alcohol, contamination with the impurity makes eating it problematic.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Note: Hanafi muftis allow the consumption of products containing alcohol from sources other than grapes or dates so long as: 1) it does not intoxicate and 2) it is not used in vain. Also, the amount of alcohol must not exceed 0.5%. Thus, if the amount of beer used is disproportional to the extent of more than 0.5%, then such a product would not be permitted. If the amount of alcohol is 0.5% or less, then they would allow it.
Details on the Hanafi position were provided by Mufti Nayef Patel and Mufti Abdullah Nana. May Allah reward them for their service.
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Question:
As-Salamu-Alikum,
The Quran says that one can eat from the People of the Book (Christian and Jew). I would like to know if there is any condition that must be fulfilled for someone to be considered “People of the Book”. If there is, then are today’s Christians and Jews those from whom we can eat?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In the Shafi’i School, restrictions are found in this regard. They are:
1) The issue of “tahrif.” Tahrif, or in Arabic التحريف, is creedal/scriptural interpolation.
2) The issue of “naskh.” Naskh, or in Arabic النسخ, is abrogation.
In brief, for non-Israelite peoples’ meat to be halal, they must have entered into the religion (i.e. Christianity or Judaism) prior to naskh and tahrif [or after if they did not delve into it]. (Tuhfat al-Muhtaj v. 7, p. 322)
The issue of naskh is considered for Israelite peoples (those who trace their lineage back to Yaq’ub b. Is-haq b. Ibrahim (alayhim as-salam)), and their fathers must have entered into the religion before it. Yet, the issue of tahrif before naskh is less rigorous. (Mughni al-Muhtaj v. 4, p. 312; Tuhfat al-Muhtaj v. 7, p. 324)
Now, in regards to the question, “then are today’s Christians and Jews those from whom we can eat?”
When one is basing their decision by what is found in the Shafi’i School, then the above-mentioned restrictions must be taken into account. Some Christian peoples entered Christianity late; for example, the Saxons in 804 or Lithuania in 1387. Entering Christianity so late is after naskh; and therefore, problematic. Hence, it would depend on which Christians or Jews one is asking about…
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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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?
Country: United States
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: http://en.wikipedia.org/wiki/Demographics_of_the_United_States#Religion and http://en.wikipedia.org/wiki/Irreligion_in_the_United_States)
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.
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Question:
Are food products containing natural and artificial flavors permissible from the Shafi’i madhab’s point of view?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
Foods containing natural and/or artificial flavors, with alcohol being used during the flavors’ production, are permissible. Liquid intoxicants are impure. Yet, flavors may be excusable according to the Shafi’i Madhhab’s principles, as it is a case of ‘umum al-balwa [public affliction]. This expressed case was not found in the Madhhab, while comparable cases establish its premise. Today, natural and artificial flavors are found in many products. Lawful items containing them are permissible; the undetectable, trace amount of alcohol contamination that occurred during their production is excusable [ma’fu ‘anhu].
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
What is the ruling regarding shaving or clipping the nails during the first ten days of Dhul Hijjah, does it just apply to those going on Hajj?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
When the ten days of Dhul Hijjah enter and a person intends to offer a sacrifice, then he should refrain from cutting his hair or nails until he slaughters. The Prophet Muhammad said,
إذا رأيتم هلال ذي الحجة وأراد أحدكم أن يضحي فليمسك من شعره وأظفاره
“When you see the new moon of Dhul Hijjah, and one of you desires that he offer a sacrifice, then let him keep [i.e. not cut] his hair and nails.” (Sahih Muslim v. 13, p. 2452)
And in another version,
من كان له ذبح يذبحه فإذا أهل هلال ذي الحجة فلا يأخذن من شعره ولا من أظفاره شيئا حتى يضحي
“One who has a sacrifice that he shall slaughter, and the new moon of Dhul Hijjah appears, then he shall not take from his hair or nails anything until he slaughters. (Ibid v. 13, p. 2453)
The scholars differed on the ruling. Sa’id b. al-Musayyab, Rabi’ah, Ahmad, Is-haq, Dawud, and some of the Shafi’is considered that it is unlawful [haram] for one to cut either until the slaughtering is complete. Imam Shafi’i opined that it is disliked [makruh]. Sh. Ibrahim al-Marwazi and others mentioned that the ruling on the hair and nails extends to all parts of the body. (Sharh Sahih Muslim v. 13, p. 2453-54)
Therefore, if one intends to offer a sacrifice during this time, then he should refrain from cutting the hair or nails, like the Prophet Muhammad advised, as established in well-authenticated hadith.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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