Is slaughtering a usurped animal to fulfill a religious obligation valid?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
Slaughtering a usurped sheep to fulfill a mandatory religious duty is not valid, irrespective of whether the owner consents or not, or whether compensation is provided. The evidence for this ruling is that the act was not a valid act of worship at its commencement, and therefore cannot become one during its execution, similar to an act initially intended for consumption that is later intended as an offering, or manumission intended for atonement.
Supporting text
Abu Hanifa is of the opinion that it is valid if the owner consents.