Is an animal permissible to eat if the slaughter cuts the back of the neck while the animal is alive?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If the slaughter is intentionally performed from the back of the neck while the animal is alive, it is not consumed, according to Ahmad, and this is implied by Al-Kharqi's statement. This view is attributed to 'Ali, Sa'id ibn al-Musayyab, Malik, and Ishaq. The ruling depends on whether stable life ('hayatun mustaqirrah') remained before severing the windpipe and esophagus. If such life remained, it is permissible, as seen in the case of an animal attacked by a predator or one killed by a fall or blow. If the head is completely severed by a sword, it is permissible, a ruling affirmed by Ahmad.
Supporting text
Al-Qadi stated that if stable life remained before cutting the throat and esophagus, it is permissible; otherwise, it is not, and this is considered the soundest view, aligning with the position of Ash-Shafi'i. A narration from 'Ali states that such a slaughtered animal is termed 'Al-Qafinyyah.' 'Imran ibn Husayn, Ash-Sha'bi, Abu Hanifa, and Ath-Thawri permitted its consumption, with the soundest view being that it is permissible because the severing of what sustains life remains, coupled with the act of slaughter, which permits it.