Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(20): “Ruling on Choking Male Chicks “

Date Added : 02-11-2015

 

Resolution No.(20) by the Board of Iftaa`, Research and Islamic Studies:    

“Ruling on Choking Male Chicks“

Date: 6/7/1411 AH, 21/1/1991 AD

 

We have received the following question:
What is the ruling of Sharia on choking male chicks because rearing them in poultry farms is costly?
Answer: All success is due to Allah.
The Board believes that this act is forbidden in Sharia for the following reasons:
1- It is torturing animals, and Allah the Almighty has forbidden such a thing. Our Prophet (PBUH) said: “A woman entered the (Hell) Fire because of a cat which she had tied, neither giving it food nor setting it free to eat from the vermin of the earth.“ {Bukhari}.
2- It is killing an edible animal for a purpose other than eating, and this is forbidden as well. Our Prophet (PBUH) said {what means}: “Whoever kills a sparrow or a bird of bigger size for entertainment (not to eat it because of being hungry), Allah will call him to account on the Day of Resurrection. The companions asked: how? He said: he should have killed it, then ate it; not have cut off its head and thrown it away.” {An-Nassai}.
3- It is killing a tied or confined animal, and our Prophet (PBUH) has forbidden that as well.
Accordingly, the Board of Iftaa` recommends that all Muslims and people in charge stop such an act which involves torturing animals, and the same applies to similar acts committed against human beings. We hope that they would follow the teachings of the Prophet (PBUH) who said in this regard: “Allah has written kindness on everything, so if you kill a person e.g. by Qisas (retribution) do it in a merciful manner, if you slaughter an animal, do it in a merciful manner as well; each of you should sharpen his knife to relieve his kill.“ {Muslim}.
It isn`t permissible to waste these chicks in that way, or slaughter them for a purpose other than eating, rather, they should be taken care of until they are sold even for a small profit since a Muslim should exert every effort to adhere to the Rulings of Allah The Almighty, and not to set making a profit as his sole target. And Allah The Almighty Knows Best.
.

                        Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan

                                                         The Grand Mufti of JordanIzz Addeen At-Tamimi                                                                Dr. Ibrahim Al-Khailani 

                         Dr. Ahmad Al-Qodat

                              Dr. Ahmad Hilayil         

                      Dr. Ratib Az-zahir

                            Dr. Mostafa Az-zarka

                                  Dr. Yaseen Daradkih       

                                     Dr. Abdulhaleem Ar-ramahi

 

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Summarized Fatawaa

Does swallowing a fly, road dust, or flour dust break the fast?

A fasting person does not break their fast if something enters their body cavity against their will, such as a fly, road dust, or flour dust.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.