What is the ruling on slaughtering a non-edible animal to retrieve a swallowed jewel?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 4 · Bab 1

Open in Qurani

Primary text

One opinion suggests that a non-edible animal is judged the same as an edible one; thus, if killing it causes less harm and the injury originated from its owner, it should be killed. This is because its sanctity is weighed against the sanctity of the human whose property is being lost, and the prohibition against slaughter is countered by the prohibition against wasting property, especially when breaking a container of high value constitutes financial waste.

Supporting text

Another scholarly opinion, held by our associates, is that the container should be broken. This is because slaughtering the animal serves no benefit and is not legislated, as the Prophet, peace and blessings be upon him, forbade slaughtering an animal except for consumption.