Is the slaughter performed by a mute person valid?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 3 · Bab 1

Open in Qurani

Primary text

The slaughter performed by a mute person is permissible. Consensus exists on this among the scholars whose views are recorded, including Al-Laith, Al-Shafi'i, Ishaq, Abu Thawr, Al-Sha'bi, Qatadah, and Al-Hasan ibn Salih. For such a person, pointing towards the sky suffices in place of utterance (Tasmiyah), as their gesture stands in place of the speaker's utterance. Pointing to the sky indicates the intent to name the One who is in the heavens.

Supporting text

If the mute person makes a gesture clearly indicating the utterance (Tasmiyah) and this intent is understood, it is considered sufficient, similar to the gesture towards the sky.