Is it obligatory to kill an animal subjected to bestiality?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The killing of the animal involved in bestiality is obligatory. This is the view held by Abu Salamah ibn Abd al-Rahman and is one of the two opinions attributed to Al-Shafi'i. This ruling applies whether the animal is owned by the perpetrator or another person, and regardless of whether the animal is lawful to eat or not. The basis for this is the statement of the Prophet, peace be upon him: "Whoever commits bestiality, kill him, and kill the animal." This narration does not differentiate based on edibility or ownership. If the animal belongs to the perpetrator, its value is considered forfeited (hadar). If it belongs to someone else, the perpetrator is liable for its compensation because he caused its destruction, similar to if he set a trap that caused damage.

Supporting text

A dissenting opinion states that if the animal is permissible to eat, it should be slaughtered, but if it is not permissible to eat, it should not be killed. This is a second view of Al-Shafi'i, based on the prohibition by the Prophet, peace be upon him, against slaughtering an animal for reasons other than food. Another view holds that it is preferable to kill the animal, but if it is left, there is no harm.