Q: I came across two fatwas on Muftionline regarding calf rennet and would like some clarification.
Before that, I wish to mention that in Fatawa Darul Uloom Zakariyya (vol. 6, p. 614), it is stated that most Hanafi scholars have adopted the view of permissibility in this matter. Allamah Shami, Allamah Tahtawi, Imam Abu Bakr al-Jassas, Sahib al-Hidayah, Sahib al-Fatawa al-Walwaljiyyah, and Sahib al-Khulasa have all supported or inclined to Imam Abu Hanifa’s opinion. The other opinion of Sahibayn was not given preference, which indicates tarjih for Imam Abu Hanifa’s view.
Among the senior and contemporary scholars, Hazrat Thanwi, Mufti Nizamuddin, Mufti Mahmood Hasan Gangohi, and Mufti Taqi Usmani have also issued fatwas of permissibility or signed on such fatwas.
Furthermore, it is mentioned that several Arab scholars such as Shaykh Ibn Baz, Shaykh Yusuf Barqani, Shaykh Abdul Razzaq Talibi, Shaykh Abu Bakr al-Jazairi, Shaykh Ahmad Muhammad Assal, and Shaykh Abdul Hamid Tahmaz have also supported the permissibility view.
It is also mentioned that Hazrat Nabi sallallahu alayhi wasallam ate cheese prepared by non-Muslims and did not inquire whether it was made from an animal slaughtered according to Shariah or carrion, or whether the rennet was liquid or solid. This shows general permissibility.
Now, regarding the two fatwas on Muftionline:
In one fatwa, it is mentioned: “There is a difference of opinion in this regard. It is safest not to consume such cheese.”
In another fatwa, it is stated: “Calf rennet derived from non-Halaal slaughtered calves is impermissible.”
Kindly explain why the first fatwa mentions a difference of opinion, while the second gives a clear ruling of impermissibility.
Also, please explain the ruling of rennet based on its source:
1. Rennet taken from animals not slaughtered according to Shariah,
2. Rennet taken from Halaal-slaughtered animals, and
3. Rennet derived from plants or microbials.
Also, if the view of the Sahibayn is taken, what would be the ruling of rennet taken from a Halaal animal that was not slaughtered according to Shariah, especially considering modern extraction methods where the rennet becomes mixed with the stomach tissue?
A: Rennet is an ingredient that is used to produce cheese. The sharee ruling regarding rennet is as follows:
1. If the rennet is produced from non-animal sources (i.e. microbial rennet extracted from plants, etc.), then it is permissible.
2. If the rennet is produced from animal sources, then if it is produced from animals which are slaughtered according to the sharee method of slaughter, then this type of rennet is also permissible.
3. If the rennet is produced from animals which are not slaughtered according to the sharee method of slaughter, then in this case, there is a difference of opinion between Imaam Abu Hanifah (rahimahullah) and his two students, Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah).
According to Imaam Abu Hanifah (rahimahullah), this type of rennet is permissible, and according to Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah), this type of rennet is not permissible.
It should be borne in mind that the difference of opinion between Imaam Abu Hanifah (rahimahullah) and his two students, Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah), was in regard to the rennet which would be used in the past to produce cheese.
In the past, rennet used to be produced from the curdled milk which would be obtained from a calf that is slaughtered a few hours after drinking its mother’s milk. This rennet used to be used to produce cheese.
Hence, Imaam Abu Hanifah (rahimahullah) ruled that this type of rennet (acquired from animals not slaughtered according to the sharee method of slaughter) is permissible, as there are certain Ahaadith that prove permissibility. On the contrary, the two students of Imaam Abu Hanifah (rahimahullah), Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah), ruled that this type of rennet is impermissible, as it is acquired from animals not slaughtered according to the sharee method of slaughter, and there are certain Ahaadith that prove impermissibility.
Some Hanafi jurists preferred the opinion of Imaam Abu Hanifah (rahimahullah), while others preferred the opinion of his two students, Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah). Therefore, in this type of rennet, it is safest to refrain on account of the difference of opinion.
However, in should be borne in mind that in today’s times, the animal rennet produced from animals which are not slaughtered according to the sharee method of slaughter, is impermissible according to all our imaams (Imaam Abu Hanifah (rahimahullah) and his two students, Imaam Abu Yusuf and Imaam Muhammad (rahimahumullah)).
The reason is that in today’s times, the rennet is produced from the stomach lining of the animal which is impure according to all our imaams. Hence, it is not permissible to consume cheese produced from rennet of animals that are not slaughtered according to the sharee method of slaughter.
And Allah Ta'ala (الله تعالى) knows best.
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