['Aalim Network QR] Follow-up on Taharat of an animal

["Akil M. Karim" <amk@io.org>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
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Salamun `Alaykum

The question on the Taharat of an animal slaughtered unIslamically, as
per Ayatullah Nasir Makaarim was answered by Maulana Rizvi a few days
ago. The following is the same question kindly being answered by Maulana
Rizvi, as per Ayatullah Seestani. 

NOTE: For your convenience, I have included the original question and 
answer.


Fee Amaanillah,

Akil Karim
Acting Moderator for ABDG-A

---------- Forwarded message ----------


	The following question on the taharat of an animal not 
slaughtered Islamically was kindly answered by Moulana Rizvi.  

	Please note that the reply given here is based on the ruling given
by Ayatullah Nasir Makaarim and does not necessarily apply to the
followers of other Marja. 

Wasalaam,

Mustafa Rawji
Moderator, ABDG-A
__________________________________________________________________________

INITIAL QUESTION:

	I am doing taqleed of Ayatullah Nasir Makaarim.  In his risaalah
he mentions that animals (other than the dog and pig of course) that are
not slaughtered Islamically are haram to eat but are Tahir.  Therefore
leather products of non-Islamically slaughtered animals are tahir.

  	My question is if certain ingredients such as beef fat, because it is
not najis, are present in a food product, is it permissible to eat?  Also,
for example if a restaurant fries both fish and chicken in the same oil,
and since that chicken is not najis but non-permissible to eat, are we
allowed to eat the fish that is fried in that oil?  My question is
addressed to Sayyid Muhammad Rizvi.  Thank you. 

ANSWER:

The distincition between the status of hurmat and taharat of an animal not
slaughtered Islamically has been discussed before on theoritical level but
probably never expressed openly in a fatwa until now by Ayatullah Nasir
Makarim.

Even in the light of the above distinction, if beef fat of a haram category
is present in a food product, then that product is haram. For an animal food
product to be halal, it must be slaughtered Islamically.

As for the fish fried in the same oil in which a haram but tahir chicken was
fried, according to the above mentioned view of Ayatullah Makarim -- it
should be permissible to eat that fish.

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FOLLOW-UP QUESTION:

Can you answer the above as per Ayatullah Seestani, particularly the 
issue of the mixing of oils.


ANSWER:

The distinction made by Ayatullah Nasir Makarim between the taharat and
the hurmat of an animal slaughtered in unIslamic manner is not accepted
by Ayatullah Sistani. In the latter's view, a chicken, for example,
slaughtered unIslamically is haram as well as najis. And so the fish
fried in the same oil as the haram chicken would make the fish najis and
haram. (See his Minhaju 's-Salihiyn under the discussion on "maytah" in
the section of najasat.)

Yours in Islam,

Sayyid Muhammad Rizvi