What is the ruling on the fetus found in the womb of a properly slaughtered mother animal?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If the fetus is found dead inside its mother after the mother's slaughter, or if its movement after exiting resembles the movement of a slaughtered animal, it is permissible. This is narrated from 'Umar and 'Ali and held by Sa'id ibn al-Musayyab, An-Nakh'i, Ash-Shafi'i, Ishaq, and Ibn al-Mundhir. The justification is a consensus among the Companions that the fetus's slaughter is the slaughter of its mother, provided it is indicated to have life ('ush'ira'). This is supported by a narration from 'Abdullah ibn Ka'b ibn Malik about the consensus of the Companions.
Supporting text
Abu Hanifa held that it is only permissible if the fetus emerges alive and is then slaughtered separately, as it possesses its own life and cannot be consecrated by another's slaughter. However, the evidence supports permissibility based on the hadith where the Prophet (peace be upon him) stated regarding a fetus found in a slaughtered animal, 'Eat it if you wish, for the slaughter of the mother is the slaughter of the fetus,' as narrated by Abu Dawud, alongside the consensus of the Companions and those who followed them.