Fatwa ID: 07292

 

 

Answered by: Alimah Shireen Mangera-Badat

 

Question:

 

We write as we seek your expert advice on the following scenarios and would be grateful for a response to our questions below.

 

There is a stainless steel, electrically heated, food trolley with two separate sealed compartments. We have provided images of the trolley with labels for your information. For full details please refer to the links below:

 

Falcon Chieftain HT2 Heated Food Trolley- 2 Doors (caterkwik.co.uk)

 

Overview:: Falcon Foodservice Equipment

 

In this scenario, one compartment is labelled ‘non-Halal’ and the other labelled ‘Halal’. The purpose of this labelling and separate sealed compartments is, in theory, for the Halal food practice to be observed, and the Halal food is not contaminated with any condensation, steam and smells from non-Halal food.

 

However, in practice, this is not being done. The Halal food in this scenario is kept on large silver catering trays which are not covered with lids or sealed with any foil. The Halal food is exposed and releases steam, condensation, odors, and aromas. The trays are slotted into the rails of the non-Halal compartment, without being covered. The non-Halal meat and pork trays are slotted into the compartment beneath the tray of Halal food, also not sealed with a lid or any kind of foil.

 

The trolley is plugged in at approximately 08:00 am to 11:00 (approximately 3 hours). Both trays of unsealed hot food are placed in the non-Halal compartment and the compartment is locked/sealed closed for nearly three to four hours until the food is distributed. The food in the sealed compartment is left heated by way of electric coils (fire), slowly continuing to cook. The uncovered and unsealed hot Halal food is being kept in a sealed compartment with uncovered and unsealed hot non-Halal food (pork) without any lids, covering or sealing on either food tray. The Halal food is contaminated via condensation/steam, and the Halal food has absorbed the pork taste and smell, which can be tasted and smelled by Muslim prisoners by the time it is served to them.

 

We emphasize that this is not a case of Raf’ Al-Haraj (alleviating hardship). This is normal everyday cooking practice.

 

As such, we would be grateful for your advice on the following questions:

 

Question 1: Are Muslims allowed to eat the food, which was on the Halal tray, locked/sealed in the non-Halal compartment, with the non-Halal food continuing to cook together, as explained above?

 

Question 2: Muslims knows and is perfectly aware that the above practice is happening.  Are Muslims allowed to eat this food which has been contaminated via condensation and steam which they receive tasking and smelling of pork? Is this food contaminated with pork taste and smell still Halal or considered Haram?

 

Question 3: The Muslims who are aware that this process of contamination of the taste and smell of the food with pork is happening daily, and yet they continue carry out this practice and continue to eat the food. Is this practice still considered Halal or should they use the Halal compartment of the trolley to avoid the contamination and food tasting and smelling of pork?

 

Question 4: The Muslims use a cooking pot to keep food hot on a fire, and place the pork at the bottom of the pot, and the Halal food on the top of the pot, without any containers or seal on the food inside the pot, and then seal the pot lid so the condensation of the pork is not escaping from the pot into open air, but rather getting absorbed by the Halal food in the same pot. This continues for a prolonged period of approximately three to four hours on an electric fire, with the intention of keeping hot but very slowly cooking. Are Muslims allowed to eat the Halal food which exits the sealed pot smelling and tasking of pork? Should Muslims avoid eating this food and instead eat pure Halal food which has not been contaminated via condensation and steam which tastes and smells of pork?

 

Question 5: Can this trolley compartment, heated with electric coils, be compared to a cooking pot with a sealed lid? Is the food considered to be slow cooked electric trolley?

 

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

The primary concerns in these scenarios involve contamination of Halal food with Haram elements, such as pork, which is strictly prohibited in Islam.

 

 

Question 1:

 

Are Muslims allowed to eat the food, which was on the Halal tray, locked/sealed in the non-Halal compartment, with the non-Halal food continuing to cook together, as explained above?

 

In this case, the Halal food is exposed to the steam, condensation, and odours of non-Halal food, specifically pork. According to Islamic dietary laws, any form of contamination with Haram substances makes the food Haram. Therefore, food that has absorbed the taste and smell of pork due to being cooked together in a sealed environment would be considered contaminated and thus Haram. Muslims should avoid eating this food.

 

The Quran, Surah Al-Baqarah (2:173): “He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced by necessity, neither desiring it nor transgressing its limit, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.”

 

The principle of “Istihalah” (transformation) in Islamic jurisprudence states that any contamination of Halal food with Haram elements makes it Haram unless the transformation is complete and the original Haram element no longer exists in any form, due to it being cooked together. This would imply that it is being cooked without the coverings/lids would be a high implication of cross contamination.

 

If there is no cross contamination, it would not be classed as contamination.¹

 

 

Question 2:

 

Muslims know and are perfectly aware that the above practice is happening. Are Muslims allowed to eat this food which has been contaminated via condensation and steam which they receive tasting and smelling of pork? Is this food contaminated with pork taste and smell still Halal or considered Haram?

 

Given that the food cannot be contaminated with pork taste and smell, through condensation it is considered halal. If there is obvious contamination, the awareness of this contamination adds to the responsibility of avoiding such food. Muslims are not allowed to consume food that has been contaminated with Haram substances, and this applies even if the contamination is indirect, such as through steam and condensation, in this case, food cannot be contaminated through steam.

 

 

Question 3:

 

The Muslims who are aware that this process of contamination of the taste and smell of the food with pork is happening daily, and yet they continue to carry out this practice and continue to eat the food. Is this practice still considered Halal or should they use the Halal compartment of the trolley to avoid the contamination and food tasting and smelling of pork?

 

This practice is considered Halal. However, Muslims should take all necessary precautions to ensure their food remains pure and uncontaminated by Haram substances. Using the Halal compartment of the trolley or ensuring proper separation and sealing of the food trays would be necessary to maintain the Halal status of their food.

 

The principle of “Taharah” (purity) in Islam requires that Muslims ensure their food and utensils remain pure and uncontaminated by any Najis substances. This is emphasized in several Hadiths, such as:

 

Sahih Muslim,223: “Cleanliness is half of faith (iman).”²

 

 

Ensuring food is kept pure and uncontaminated is part of maintaining Taharah, which is a fundamental requirement for anything to be considered Halal.

 

 

Question 4:

 

The Muslims use a cooking pot to keep food hot on a fire, and place the pork at the bottom of the pot, and the Halal food on the top of the pot, without any containers or seal on the food inside the pot, and then seal the pot lid so the condensation of the pork is not escaping from the pot into open air, but rather getting absorbed by the Halal food in the same pot. This continues for a prolonged period of approximately three to four hours on an electric fire, with the intention of keeping hot but very slowly cooking. Are Muslims allowed to eat the Halal food which exits the sealed pot smelling and tasting of pork? Should Muslims avoid eating this food and instead eat pure Halal food which has not been contaminated via condensation and steam which tastes and smells of pork?

 

The principles are the same as mentioned in previous answers. Food that has been contaminated through proper touch of the haram content, the absorption of steam and condensation from pork becomes does not matter. Muslims should avoid eating such food and instead seek pure Halal food that has not been subjected to contamination by Haram elements.

 

The principle of “Istihlak” (absorption) in Islamic jurisprudence indicates that if a small quantity of a Haram substance mixes with Halal food such that it alters its taste, smell, or colour, the entire food becomes Haram and as stated it cannot be contaminated through vapour and odour.

 

 

Question 5:

 

Can this trolley compartment, heated with electric coils, be compared to a cooking pot with a sealed lid? Is the food considered to be slow cooked in an electric trolley?

 

Yes, the trolley compartment heated with electric coils can be compared to a cooking pot with a sealed lid. In both cases, the environment inside the sealed compartment or pot allows for the transfer of steam, condensation, and odours between the different types of food. This results in contamination, making the Halal food Haram if it absorbs any Haram elements like pork. Therefore, the food in the electric trolley, if exposed to non-Halal food in the same manner, would be considered contaminated and thus Haram.

 

Based on Islamic jurisprudence, food that is contaminated by Haram substances, through direct contact, becomes Haram and should not be consumed by Muslims. The scenarios described clearly do not indicate clear contamination, and thus the Halal status of the food is not compromised. However, Muslims should take measures to ensure proper separation and sealing of Halal food to prevent such contamination and maintain its Halal status.

 

 

1 ٣٢٦٩ – لنا: قوله – عليه السلام -: “جعلت لي الأرض مسجدا وطهورا” وقوله “ليس على الأرض من أنجاس الناس شيء، إنما أنجاسهم على أبدانهم”. ولأن من شأن الأرض إحالة الأشياء وتغييرها عن جنسها، والاستحالة لها تأثير في التطهير؛ بدلالة الخمر إذا تخللت.

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ص755 – كتاب التجريد للقدوري – مسألة إذا نجست الأرض فذهب أثر النجاسة بالشمس ومضى الزمان جازت الصلاة عليها – المكتبة الشاملة

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2 حَدَّثَنَا إِسْحَاقُ بْنُ مَنْصُورٍ، حَدَّثَنَا حَبَّانُ بْنُ هِلاَلٍ، حَدَّثَنَا أَبَانٌ، حَدَّثَنَا يَحْيَى، أَنَّ زَيْدًا، حَدَّثَهُ أَنَّ أَبَا سَلاَّمٍ حَدَّثَهُ عَنْ أَبِي مَالِكٍ الأَشْعَرِيِّ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ “‏ الطُّهُورُ شَطْرُ الإِيمَانِ وَالْحَمْدُ لِلَّهِ تَمْلأُ الْمِيزَانَ…………

 

 

 

Only Allah knows best.

Written by Alimah Shireen Mangera-Badat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham