A Meal Provided from Unlawful Wealth and Saying Bismillah over It

Question

When Zayd, at a meal given by a bank employee, was told that certain scholars declare our food unlawful, Zayd — known as a Sufi — at once recited [ar]بِسْمِ اللَّهِ الَّذِي لَا يَضُرُّ مَعَ اسْمِهِ شَيْءٌ فِي الْأَرْضِ وَلَا فِي السَّمَاءِ وَهُوَ السَّمِيعُ الْعَلِيمُ[/ar] and began to eat, and pronounced the scholars who declare such a meal impermissible to be in error. What is this statement of Zayd in the Sacred Law? And may takfir be pronounced against him or not?

Answer

To hold lawful something that is purely forbidden, on whose prohibition there is consensus and whose prohibition belongs to the necessities of the religion, is kufr; and the jurists have pronounced takfir also for saying “bismillah” over such a thing: [ar]مَنْ قَالَ عِنْدَ ابْتِدَاءِ شُرْبِ الْخَمْرِ أَوِ الزِّنَا أَوْ أَكْلِ الْحَرَامِ: بِسْمِ اللَّهِ — كَفَرَ.

Source: Fatawa Mahmudiyya

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