One who forgets Tasmiyyah (saying Bismillāh) at the time of slaughtering ~ ‘what is the ruling of his slaughter….And how about those who use as proof?
(رَبَّنَا لَا تُؤَاخِذْنَآ إِن نَّسِينَآ أَوْ أَخْطَأْنَاۚ)
“Our Lord! Punish us not if we forget or fall into error.” [Al-Baqarah, 286]
His proof is in its proper place from the angle of not being held to account upon forgetting and making a mistake, and that he is not sinful for slaughtering while forgetting the Tasmiyyah.
As for from the angle of the acceptability of the slaughter, then it’s not in it’s proper place. And there is no proof in this. Rather the proof is in his statement;
(وَلَا تَأْكُلُوا۟ مِمَّا لَمْ يُذْكَرِ ٱسْمُ ٱللَّهِ عَلَيْهِ وَإِنَّهُۥ لَفِسْق)ٌۗ
“Eat not of that (meat) on which Allāh’s Name has not been pronounced (at the time of the slaughtering of the animal), for surely it is Fisq (a sin and disobedience of Allāh).” [Al-An’ām, 121]
And the proof is in the opposite understanding of his statement;
(فَكُلُوا۟ مِمَّا ذُكِرَ ٱسْمُ ٱللَّهِ عَلَيْهِ)
“So eat of that (meat) on which Allāh’s Name has been pronounced (while slaughtering the animal).” [Al-An’ām, 118]
And the Hadith Ā’ishah “Say Bismillāh and eat”. It’s meaning is that they will (either) buy or receive meat from the Muslims.
So if the affair is like that and a person intends to eat, he will mention the name of Allāh…He mentions the name of Allāh even upon bread and water.
So it’s meaning is not that it is changed to that meaning nor is there agreement that it is allowed to eat from what the name of Allāh has not been mentioned over out of forgetfulness.
The conclusion is that if the slaughterer left-off mentioning the name of Allāh intentionally, he is sinful and the meat is prohibited to eat. And if he left-off mentioning of the name of Allāh out of forgetfulness and an unintentional mistake there is no sin upon him, but the meat is (still) prohibited to eat due to the proof mentioned in this subject.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi