This is part of their food. And because it is a part of the animal, it was not permitted to its slaughterer, therefore it is not permitted for anyone else, like the blood. Our position is what was narrated by Abdullah ibn Mughaffal, who said: "A bag of fat was lowered down from the fortress of Khaybar, so I leaped to take it, and there was the Messenger of Allah (may Allah bless him and grant him peace) smiling at me." Agreed upon. Also, it is a slaughter (dhakah) that has rendered the meat and the hide lawful, so it renders the fat lawful, like the slaughter of a Muslim. The verse is an argument in our favor, for the meaning of their food is their slaughtered animals; this is how the scholars interpreted it, and their analogy is invalidated by what the usurper (ghasib) slaughters.

Section: If he slaughters something that he claims is forbidden to him, and it is not proven that it is forbidden to him, it is lawful, due to the generality of the verse. His saying that it is forbidden is not accepted.

1733 - Issue: He said: (If he is mute, he makes a sign toward the heaven)

Ibn al-Mundhir said: All scholars from whom we have reports have reached a consensus on the permissibility of the slaughtered animal of a mute person, including al-Layth, al-Shafi'i, Ishaq, and Abu Thawr. This is also the view of al-Sha'bi, Qatada, and al-Hasan ibn Salih. Once this is established, he points to the heaven, for his pointing takes the place of the speech of a speaking person, and his pointing to the heaven indicates his intention to mention the name of Him who is in the heaven. Al-Sha'bi said something similar. This is supported by the hadith of Abu Hurayra that a man brought a non-Arab slave girl to the Prophet (may Allah bless him and grant him peace) and said: O Messenger of Allah, I have an obligation to free a believing slave; shall I free this one? The Messenger of Allah (may Allah bless him and grant him peace) said to her: "Where is Allah?" She pointed to the heaven. He asked: "Who am I?" She pointed with her finger to the Messenger of Allah (may Allah bless him and grant him peace) and to the heaven, meaning, "You are the Messenger of Allah." The Messenger of Allah (may Allah bless him and grant him peace) said: "Free her, for she is a believer." Reported by Imam Ahmad and the Qadi al-Burti in their Musnads. The Messenger of Allah (may Allah bless him and grant him peace) judged her to be a believer based on her pointing to the heaven, meaning that Allah, Glory be to Him, is there; thus, it is all the more appropriate to suffice with that as a sign of the Tasmiyah. If he were to make a sign that indicates the Tasmiyah, and that were known, it would be sufficient.