. J "" (cont.)

The Messenger of Allah (peace be upon him) stated, ,,., lP ,,. ,,. rP ,,,. ,,,. ,,. ,,. iii o..- { ॱ) \I liJ oLiS" \! tA:?) I) ࣁ oJL,., :; "Whoever forgets a prayer must pray it when he remembers it. And there is no expiation for it except that." (Recorded by al-Bukhari and Muslim.) In this example, the fact that the person is not sinful can be derived from this hadith, "Allah has pardoned for my Nation ... " The fact that the prayer must be made up is based on a separate piece of evidence, the hadith quoted above. Hence, this example sheds no light on the difficult question discussed earlier: Does this hadith, "Allah has pardoned for my Nation ... " imply only the sin or the sin and the worldly ruling? Mistakenly Killing Another Muslim If a Muslim kills another Muslim by mistake, such as in an attempt to kill a non-Muslim during battle, there is no sin upon him. In other words, Allah will not hold him to account for it in the Hereafter. However, that does not mean that he is not required to do anything due to that grave act. He still must perform an act of expiation for that mistake. This is due-- and Allah knows bestto the great sanctity of human life. It may also serve as a protection against reckless killings in which the killer denies any responsibility toward the deceased and his family. Concerning this matter, Allah says in the Quran, ,,.. L ,,, ,,. ,,,. ,,. ॰ G}o '1.'• /j l£k.;. .:;r1 G}o '10 ॲॳ ,} ৼ SIS' Gj / u-- &. ,,. ൅ ,,. ... ... / ..... ,,. ., ୞ // / .. >஄,,. ৔·৕y ৖J f../-) / / / / é Hadith #39: "Allah has pardoned . . . " "It is not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake, then the freeing of a believing slave and a compensation blood-money payment presented to his family [is required], unless they give it up as charity [on their part]. But if he [the killed] were from a people at war with you and he was a believer, then [there is only] the freeing of a believing slave. And if he were from a people with whom you have a treaty, then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find one, then [instead] a fast of two consecutive months, [seeking] acceptance of repentance from Allah. And Allah is ever knowing and wise" (al-Nisaa 92). Forgetting to Mention Allah's Name Upon Slaughtering an Animal According to al-Shafi'ee, some Malikis and a narration from Ahmad, to mention the name of Allah upon slaughtering an animal is simply a recommended act.1 Therefore, according to this view, if a person does not mention Allah's name either intentionally or out of forgetfulness, there is no problem and the meat is still considered permissible to eat. According to Abu Hanifah, Malik and a better known narration from Ahmad, the mentioning of Allah's name is a condition or an obligation for the permissibility of the meat. Their argument rests mostly on the understanding of verse 121 of Surah al-Anaam, quoted below. However, these scholars agree that if a person slaughters an animal with the intention of slaughtering it properly but forgets to mention the name of Allah upon slaughtering, the meat is still considered permissible to eat. 2 1 Cf., al-Tiraiqi, Ahkaam al-Dhabaaih, p. 222. 2 Cf., Muhammad ibn Rooshd, Bidaayat al-Mujtahid wa Nihaayat al-Muqtasid (Cairo: Maktabah ibn Taimiya, 1415 A.H.), vol. 2, p. 474. It should be noted, though, that ibn Rushd states that these scholars overlook the case of one who has forgotten to mention the name of Allah based on the hadith under discussion here, "Allah has pardoned for my Nation [what is done] by mistake, out of forgetfulness or under duress." Al-Tiraiqi (Ahkaam, p. 232) says the same of the Hanafis, and refers to Takmilah Sharh Fath al-Qadeer. If what they said were true, it would imply a complete reversal and inconsistency on the part of the Hanafis in their understanding of this hadith. However, when one goes to the Takmilah Fath al-Qadeer and the other commentaries printed with it, one finds that not one of those Hanafi scholars quoted the hadith, "Allah has pardoned ... " in their arguing that when a person forgets to mention the name of Allah upon slaughtering an animal, it is still permissible to eat that meat. Instead, they refer to the concepts of hardship and the fact that while slaughtering, one is in an environment that may contribute to forgetfulness. See the four works printed together Ali al-Margheenani, al-Hidaayah Sharh Bidaayah al-Mubtadi, Qaadhi Zaada Nataaij al-Afka,an fl Kash/ al-Rumooz al-Asraar, Muhammad al-Baabarti, Sharh al-Anaayah ala al-Hidaayah, Saad Saadi Afandi, Haashiyah (Beirut: Daar al-Fikr, n.d.), vol. 9, pp. 490-492.