Understanding the Slaughtering of the Fetus in Islam: A Guide
What has come concerning slaughtering, 5th Lesson | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him –
The slaughtering of the mother is the slaughtering of the fetus
914 – Abu Sa’eed Al-Ashajj narrated to us, he said Abu Khalid Al-Ahmar, on the authority of Mujaalid, on the authority of Abu Al-Widaak, on the authority of Abee Sa’eed, may Allaah be pleased with him, said: “We asked the. Messenger of Allaah ﷺ about the fetus, he said, “Eat it if you want, for verily the slaughtering of its mother is its slaughtering.”
Men of the chain
Abu Sa’eed al-Ashajj he is Abu Abdillah ibn Sa’eed
Abu Khalid Al-Ahmar Suleiman bin Hayyaan Al-Koofi: Hassan Al-Hadeeth
Mujaalid he is Ibn Sa’eed bin ‘Umayr Al-Hamdani, he narrated from Sha’bi alot, he has weakness with him, but Mujaalid can accept mutaaba’aat (Mutaabi’ah: is the presence of another narrator coinciding with another narrator in the narration of the hadeeth, from the same shaykh, or those above him) and in this chapter is a shaahid to the hadith, so the hadith is authentic through its mutaaba’ah and shawaahid (Shaahid: is the presence of the same hadeeth from another companion).
On the authority of Abee Widaak he is Habr bin Nawf Al-Bakaalee, a number of people deemed him trustworthy.
On the authority of Abee Sa’eed, may Allaah be pleased with him Sa’d bin Maalik Al-Khudri, from the small Companions; a Companion and a son of a Companion may Allaah be pleased with them both.
The chain of the hadith is authentic by mutaaba’aat and shawaahid.
➡️ Mutaabi’ from the way of Yunus bin Abee Ishaaq As-Subay’ee.
➡️ Another mutaba’ah with Ahmed from the way al-‘Auwfi.
➡️ And there is a shaahid from the hadeeth of Jaabir reported by. Abee Dawud
The hadith is authentic by shawaahid (Shaahid: is the presence of the same hadeeth from another companion).
Explanation of the hadith
➡️ His statement: *we asked the Messenger of Allaah ﷺ about the fetus*, meaning: The fetus of the cattle, fetus of the camel, fetus of the cow, fetus of the sheep, fetus of the goat. The fetus of animals are to be consumed.
“Eat it if you want to.” Because eating the fetus is not something (usually) desirable, so whoever desires it then let him eat it, for verily the slaughtering of its mother is its slaughtering if it comes out dead after slaughtering.
The Intent of Dhakaat is slaughtering
*His statement: “The slaughtering of its mother is its slaughtering.” This is if it is found dead in the stomach of its mother or it came out dead while its mother was slaughtered.
Issues
➡️ If the fetus comes out alive after the death of its mother it’s obligatory to slaughter because it has now become a separate animal, it is slaughtered due to affairs which consensus have been transmitted in its regard, and they are:
- Because it was alive.
- That it is to be slaughtered.
- That the its blood has to made to flow out.
Issue
If it comes out dead after the slaughtering of its mother then it’s considered to have been slaughtered by the slaughtering of its mother, whether it had hair or didn’t have hair, wether it had fur or didn’t have any fur, this is the position of the majority, in regards to eating it however it was found.
➡️ And Abu Haneefah opposed in this and said if it comes out dead then it is dead and it if comes out alive it is slaughtered.
➡️ What is acted upon is that if it comes out dead it is consumed and if it comes out alive it is slaughtered without any differing in this.
➡️ And they (scholars) unanimously agreed upon that if the fetus comes out dead then the slaughtering of its mother was its slaughtering, Ibn Qudaamah transmitted this consensus and Ibn Abd ul-Barr in ‘Al-Ijmaa’ because there is no differing.
Benefit
The slaughtering of its mother is its slaughtering has two opinions
The first opinion: The opinion of the majority, and it’s the correct (opinion) that the slaughtering of its mother is its slaughtering because slaughtering affects the whole body.
The second opinion: Is the opinion of Abu Haneefah that the slaughtering of its mother is its slaughtering meaning it is to be slaughtered like the slaughtering of its mother if it comes out alive.
915 – Ishaaq bin Mansoor narrated to us, he said ‘Abdurrahman ya’nee ibn Mahdi informed us, he said Hamaad bin Salamah narrated to us, on the authority of Abee Al-Ashraa’a, on the authority of his father, I said: O Messenger of Allaah ﷺ is not the slaughtering only done in the throat and jugular vein? So he said,”If you stabbed it in the thigh it would of been sufficient for you.”
Ibn Mahdi said:”This is concerning what one is incapable of (slaughtering), it resembles the one that fell (in a well, etc).”
the hadith is weak
In it (chain of narration) is Abu Al-Ashraa’a on the authority of his father is weak, because he is unknown, it is not known who he nor his father is. And he is opposing the authentic hadith on slaughtering animals in its rightful places; the throat and jugular vein and the previous hadeeth of Abee Raafi’ suffices us.
➡️ Ibn Jaarood could of cited it here as a explanation from the angle of Fiqh (understanding) at times of necessity, not that there is a choice in the matter.
Transcribed to Arabic and summarised by:
By Hamood Ath-Thawaabi
may Allah reward him with good
on the 1th, Muharram, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi