This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
The Slaughter of the People of the Book:
The People of the Book fundamentally believe in monotheism, but since shirk (polytheism) had entered among them, Muslims could have thought that they could be treated like idolaters. However, Allah Almighty permitted eating with them. Thus, He said:
ٱلْيَوْمَ أُحِلَّ لَكُمُ ٱلطَّيِّبَٰتُ ۖ وَطَعَامُ ٱلَّذِينَ أُوتُوا۟ ٱلْكِتَٰبَ حِلٌّ لَّكُمْ وَطَعَامُكُمْ حِلٌّ لَّهُمْ
Today, good and pure things have been made lawful for you. And the food of the People of the Book is lawful for you, and your food is lawful for them.
Reference: (Al-Ma'idah: 5)
In brief, the meaning of this verse is that today pure things have been made lawful for you, so there is no distinction of Bahirah, Sa'ibah, Wasilah, or Ham. The food of the People of the Book, Jews and Christians, is fundamentally lawful for you. It has not been made forbidden at all. Similarly, your food is lawful for them, so you can eat their slaughtered or hunted meat and feed them your slaughtered or hunted meat.
Islam adopted a strict attitude towards the polytheists of Arabia regarding food, but leniency was shown towards the People of the Book because they believe in divine revelation, prophethood, and the fundamental principles of religion. Therefore, they are closer to the believers. Participation in their food, marriage with their women, and good social relations with them have been legitimized, providing them the opportunity to see Islam in its original form in knowledge, practice, ethics, and dealings at home. This is so they realize that Islam is a religion comprising the highest truths in the most perfect form and pure scriptures, completely free from shirk, innovation, and exaggeration. The words of the verse طَعَامُ الَّذِينَ أوتُوا الْكِتب (the food of the People of the Book) are general and include all their food. Their slaughtered animals, grains, and other things are lawful for us as long as nothing is inherently forbidden. For example, carrion, spilled blood, and pork. Eating these things is unanimously not permissible, whether it is the food of the People of the Book or a Muslim.
That which is slaughtered for churches and festivals:
If it has not been heard that a person from the People of the Book took the name of anyone other than Allah, such as Messiah or Azir, at the time of slaughtering, then eating that slaughtered animal is permissible. However, if it has been heard (or seen) that they took the name of someone other than Allah, some jurists consider that slaughtered animal forbidden because it falls under the ruling of مَا أُهِلَّ لِغَيْرِ اللهِ بِهِ. And some jurists say that Allah has made their food lawful for us, and He knows what these people say at the time of slaughtering.
المغني ميں هے كه اگر كوئي كتابي الله كا نام لينا دانسته طور پر ترك كر دے يا غير الله كا نام لے تو اس كا ذبيحه حلال نهيں هوگا. سيدنا على رضى الله عنه سے يهي منقول هے. اور امام شافعي رحمه الله، اسحاق رحمه الله، حماد بن ابي سليمان اور اصحاب الرائے كا بهي يهي قول هے. اهل كتاب كا كهانا حلال هونے سے متعلق آيت كا مطلب يه هے كه ان كا وه ذبيحه حلال هے جس ميں مقرره شرائط كي تكميل كي گئي هو جس طرح كه مسلمان كو كرنا پڑتي هے. هاں اگر يه معلوم نه هو كه ذبح كرنے والے نے الله كا نام ليا تها يا نهيں، يا غير الله كا نام ليا تها يا نهيں تو اس كا ذبيحه كهانا جائز هے كيونكه الله نے همارے ليے مسلمان اور كتابي كا ذبيحه جائز كر ديا هے آنحاليكه اسے معلوم هے كه هم هر ذبح كرنے والے كے حال سے واقف نهيں هو سكتے. المغني لابن قدامه، ج 9 ص : 571، مترجم
Sayyiduna Abu Darda رضي الله عنه was also asked about a ram slaughtered by the People of the Book for the synagogue, which was called "George," whether we can eat from this offering of the synagogue. He replied to the questioner: They are the People of the Book, their food is lawful for us, and our food is lawful for them. Then he said, "You can eat."
Reference: Tafsir Tabari 580/9
Similarly, Imam Malik رحمہ اللہ was asked about the slaughter of the People of the Book which they offer as a sacrifice on their festival occasions and for synagogues. He said: I consider it disliked (makruh), but not forbidden. Considering it always disliked is out of caution, and the reason for not considering it forbidden is that for them مَا أُهِلَّ لِغَيْرِ اللهِ بِه means, in relation to the People of the Book, that which they have slaughtered for the nearness of their deities and do not eat themselves (rather they offer it as a sacrifice), but that which they slaughter and eat themselves is counted among their food, and Allah Almighty has said: وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَبَ حِلٌّ لَكُمْ "The food of the People of the Book is lawful for you."
Reference: Surah Al-Ma'idah: 5
The ruling on slaughtering by electric shock and meat from sealed cans:
The second issue is whether it is necessary that the method of slaughter by the People of the Book be according to our method, i.e., that the throat be cut with a sharp instrument? Most scholars consider it necessary, but a group of Malikis have issued a fatwa that it is not necessary. Qadi Ibn al-Arabi, while interpreting the verse of Surah Al-Ma'idah, says:
This is conclusive evidence that the game and food of the People of the Book are among those pure things which Allah has made permissible. It is absolutely halal, and it has been mentioned with specificity so that doubts and suspicions are removed and misconceptions are eliminated. I was asked whether Christians twist the neck of a chicken and then cook it. In such a case, can we eat with them or eat their food? I said: "It can be eaten because it is the food of the Christians and their priests and monks. Although their method of slaughter is not correct in our view, Allah has made their food absolutely permissible for us. And every food which they consider permissible in their religion is halal for us, except those foods about which Allah has declared them liars. Our scholars say that these People of the Book give their women in marriage to us, with whom intimacy is permissible, so why should we not eat their slaughtered animals? From the perspective of permissibility and prohibition, eating is of a lesser degree than intimacy."
يه بات كه اهل كتاب كا ذبيحه همارے ليے مطلقاً جائز هے ايك شاذ قول هے جو محتاجِ دليل هے. قرآن كريم نے ان كے جس ذبيحه كو جائز قرار ديا هے وه مشروع ذبيحه هے نه كه غير مشروع. جس سياق ميں اهل كتاب كے ذبيحه كو جائز قرار ديا گيا هے اس سے يه بات اچهي طرح واضح هے كه جس جانور كو شرعي طريقه پر ذبح كيا گيا هو اس كا كهانا جائز هے البته ذبح كرنے والا اهل كتاب ميں سے هو تو كوئي حرج نهيں. مشروع طريقه پر ذبح كرنے كي شرط معهود هے اس ليے اس كو نظر انداز كر كے اهل كتاب كے هر ذبيحه كو جائز سمجهنا صحيح نهيں هے. اس بنا پر اُن كي گردن مروڑي هوئي مرغي همارے ليے حلال نهيں هے.
Reference: (Translator)
He says elsewhere:
These people do not slaughter but kill by strangling or crushing the head and then eat it, so this is forbidden carrion. However, there is no contradiction between this case of prohibition and the above-mentioned case of permissibility because the food of the People of the Book which they consider to be proper slaughter is halal for us, even if their method of slaughter is not correct in our view. But that which they themselves consider not to be proper slaughter is not halal for us either. The common meaning of slaughter is that the animal's life is taken intentionally with the intention of making its food halal." This is the view of a group of Malikis. In light of these statements, how can we understand the ruling on preserved (canned) meat imported from among the People of the Book? For example: preserved chicken meat which sometimes is slaughtered by electric shock, but as long as they consider it halal slaughter (according to the generality of the above verse), it is halal for us.
جب يه معلوم هے كه عام طور سے بند ڈبه كا گوشت غير شرعي طريق پر ذبح كيے هوئے جانور كا هوتا هے، مثلاً : جهٹكا كيا هوا يا جس كو ذبح كرتے وقت دانسته الله كا نام نهيں ليا گيا، تو ايسا گوشت محض اهل كتاب كي طرف منسوب هو جانے سے همارے ليے كس طرح جائز هوگا ؟ كسي چيز كا حكم عام طريقه كو ديكه كر هي لگايا جاتا هے اور جو جانور غير مشروع طريقه پر ذبح كيا گيا هو اس كا كهانا جائز نهيں، خواه ذبح كرنے والا مسلمان هو يا عيسائي.
Reference: (Translator)
As for the meat imported from communist countries, their food is not permissible for us in any way because these people deny all religions as well as Allah and the Messenger, so they are by no means counted among the People of the Book.
Sacrifice of Magians, etc.:
There is a difference of opinion among scholars regarding the slaughter of Magians. Most scholars prohibit eating it because they are polytheists. Other scholars say it is permissible because the Prophet ﷺ said:
سنوا بهم سنة أهل الكتاب
"Deal with the People of the Book in a similar manner."
Reference: Muwatta Imam Malik 287/1, Book of Zakat: Chapter on the Jizya of the People of the Book and Magians, Hadith 42; Kitab al-Umm by Imam Shafi'i 240,174/4
And it is an established fact that jizya was taken from the Magians of Hajr.
Reference: Bukhari, Book of Jizya: Chapter on Jizya and Truce with the People of War, Hadith 3156, 3157
”جمهور علماء كے نزديك مجوس كا ذبيحه جائز نهيں هے. مثلاً : سيدنا ابن مسعود رضي الله عنه، سيدنا ابن عباس رضي الله عنه، سيدنا على رضي الله عنه، سيدنا جابر رضي الله عنه، امام مالك رحمه الله، امام زهري رحمه الله، امام ثوري رحمه الله، امام شافعي رحمه الله، اصحاب الرائے اور امام احمد رحمه الله وغيره. ابن قدامه كے نزديك سنوا بهم سنة أهل الكتاب (Deal with the People of the Book in a similar manner) refers to jizya. It does not pertain to slaughter or marrying their women.
Reference: (Note: Al-Mughni vol. 570,48)
علامه جصاص حنفي رحمه الله فرماتے هيں : مجوس كے بارے ميں اختلاف هے. اكثر فقهاء كهتے هيں كه وه اهل كتاب نهيں هيں. اور جو اُن كے اهل كتاب هونے كے قائل هيں وه شاذ هيں. ان كے اهل كتاب نه هونے كي دليل يه هے كه دو گروهوں كو اهل كتاب قرار ديا هے. قرآن ميں هے : أَنْ تَقُولُوا إِنَّمَا أُنْزِلَ الْكِتَابُ عَلَىٰ طَائِفَتَيْنِ مِنْ قَبْلِنَا If Magians were among the People of the Book, the mention would have been of three groups. Similarly, the Prophet ﷺ did not say that Magians are among the People of the Book, rather he said, "Deal with them in a similar manner to the People of the Book." He ﷺ specifically mentioned this regarding jizya.
Reference: (Note: Ahkam al-Quran by Al-Jassas vol. 2 p. 400)
Reference: (Translator)
Ibn Hazm, may Allah have mercy on him, states in his book "Al-Muhalli" in the chapter on slaughter: "They also have a scripture, so in all these matters they are under the ruling of the People of the Book."
According to Imam Abu Hanifa, may Allah have mercy on him, the Sabians are also among the People of the Book.
Rule: One should not investigate something that is out of sight:
It is not necessary for a Muslim to investigate how something that is out of their sight was slaughtered; whether the conditions of slaughter were fulfilled or not; whether the name of Allah was pronounced or not. Rather, if it is out of our sight and the one who slaughtered it is a Muslim, whether he is ignorant or sinful, or if he is from the People of the Book, then its food is halal. Before this, we have already mentioned this hadith from Bukhari:
إن قوما سألوا النبى صلى الله عليه وسلم فقالوا إن قوما يأتوننا باللحم لانذرى أذكروا اسم الله عليه أم لا؟ فقال : سموا الله عليه أنتم وكلوا
Some people asked the Prophet (peace be upon him) that some people bring us meat and we do not know whether they pronounced the name of Allah over it or not. The Prophet (peace be upon him) said: "You say the name of Allah and eat."
Reference: Bukhari, Book of Tawheed, Chapter: Allah has a hundred names except one, Hadith 2057, 7398
Scholars say that this hadith is evidence that actions and transactions are presumed to be valid and sound unless there is evidence to prove corruption or invalidity.
