Is slaughter of the mother effective for the fetus
Is slaughter of the mother effective for the fetus


The book of Slaughtered Animals - كتاب الذبائح


Identification of the Subject-matter of Slaughter and Sacrifice

Topic/Issue:3763 - Is slaughter of the mother effective for the fetus --
Opinion FromOpinionExplanation
Imam Malik,Imam ShafiSlaughter of the mother is slaughter of the fetus as well. Imam Malik stipulated fetus's full growth and the appearance of hairNarration from Abu Said
The reason as to why Imam Malik stipulated full growth condition and Imam Shafi didnt is based on the general content of the saying of the Prophet (God's peace and blessings be upon him), "its dhakah is the dhakah of its mother ", implies that there be no separation between them, while its being an object of dhakah requires that the existence of life be stipulated in it, on the analogy of animals; for which dhakah is required, and life cannot exist in it unless there is a growth of hair on the fetus, and the fetus itself must have been fully created formed. Imam Shafi used the analogy which implies that its dhakah be included within the dhakah of its mother as it is a part of it.
Imam Abu HanifaIf fetus emerges alive it is to be slaughtered and (may then be) eaten, but if it emerges dead it is carrionThey didn't consider the Narration from Abu Said to be authentic. Also it conflicts with the principle that if the fetus is alive and then dies due to the death of its mother, it dies because of suffocation, and it therefore becomes one of those that die due to choking, which the Quranic text has prohibited.
Evidences :Hadith of Abu Said [Hide/Show]
Tags :Worship,Sacrifices, Fetus
See Also:Is slaughter effective in purifying the hides of animals whose consumption is prohibited
Last Updated:2011-07-17

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