cast into the fire; he only disliked torturing it with fire. As for locusts, he was lenient regarding casting them in because they have no blood. Furthermore, there is no need to cast fish into the fire, as it is possible to leave them until they die quickly, whereas locusts do not die immediately but remain for a long period. In the "Musnad of al-Shafi'i" (15) it is mentioned that Ka'b was in a state of ihram, and a swarm (16) of locusts passed by him, so he forgot and took two locusts and cast them into the fire, [and roasted them in the fire] (17), and he mentioned that to Umar, and Umar did not object to his leaving them in the fire. The hadith of Ibn Umar was mentioned to him: Locusts used to be fried for him. He said: Locusts are taken, their wings are cut off, and then they are cast into the oil while they are alive.
1725 - Issue: He said: (The slaughter [dhakah] of that which is captured from game and livestock (1) is in the throat and the base of the neck).
We have already mentioned the ruling on that which is impossible to capture from game and livestock. As for that which can be captured from them, it is not permitted except through slaughter, without disagreement among the scholars. Slaughter requires five things: a slaughterer, a tool, a location, an act, and a mention [of Allah]. As for the slaughterer, two conditions are required for him: his religion, which is that he is a Muslim or a person of the Book, and his intellect, which is that he possesses an intellect that understands slaughter so that he may intend it (2). If he does not possess intellect, such as a child who cannot discern, a lunatic, or an intoxicated person, what he slaughters is not lawful, because intention cannot be valid from him; he is thus like one who strikes a person with a sword and severs the neck of a sheep. As for the tool, it has two conditions: one, that it be sharp, cutting or piercing by its sharpness, not by its weight. Second, that it not be a tooth or a nail. If these two conditions are met in an object, slaughter with it is lawful, whether it is iron, stone, a blade (3), or wood, based on the statement of the Prophet (may Allah bless him and grant him peace): "Whatever causes blood to flow and the name of Allah is mentioned over it, eat it (4), as long as it is not a tooth or a nail." Agreed upon (5). From 'Adi ibn Hatim, he said: I said:
(15) See: The Fifth Chapter, regarding what is permitted and what is prohibited for the pilgrim, from the Book of Hajj. Tartib Musnad al-Shafi'i 1/326, 327. (16) The swarm [rajl] of locusts: A great group of them. (17) In (M): "wa-shawahuma" (and he roasted them). (1) In (B): "wa-bahimat al-an'am" (and livestock). (2) In (M): "li-yaqsida" (so that he may intend). (3) In (M): "baltah" (a hatchet). Al-laytah is the peel of a reed, a bow, or a cane. (4) In (B) and (M): "fa-kulu" (then eat). (5) Its verification was previously provided, on page 265.
