Section: If one slaughters it from its nape by choice, we have already mentioned from Ahmad that it is not to be eaten. This is the understanding of al-Khiraqi’s speech, and it has been narrated from 'Ali, Sa'id ibn al-Musayyab, Malik, and Ishaq. Ibrahim al-Nakha'i said: This slaughtered animal is called the "qafinah" (nape-slaughtered). Al-Qadi said: If there remains in it stable life before cutting the windpipe and the esophagus, it becomes lawful; otherwise, it does not. This is determined by strong movement. This is the school of al-Shafi'i, and it is more correct, because when the slaughter reaches that which has stable life, it makes it lawful, like an animal mauled by a beast of prey, or one that has fallen [from a height], or one gored [by another].

If he strikes its neck with a sword and severs its head, it becomes lawful by that. Ahmad explicitly stated this, saying: If a man were to strike the head of a duck or a sheep with a sword, intending the slaughter by that, it is permissible for him to eat it. It has been narrated from 'Ali (may Allah be pleased with him) that he said: "That is a valid slaughter (dakah)." 'Imran ibn Husayn also gave a legal opinion (fatwa) for eating it, and al-Sha'bi, Abu Hanifah, and al-Thawri held this view. Abu Bakr said: There are two opinions from Abu 'Abd Allah regarding this. The correct [view] is that it is permissible, because the cutting of that which sustains life has combined with the slaughter, so it is made lawful, as we have mentioned, along with the statement of those whom we have mentioned from the Companions, with no one contradicting them.

Section: If he slaughters it from its nape and does not know whether there was stable life in it before the cutting of the windpipe and the esophagus or not, one must consider: if it is most likely that such life remained, due to the sharpness of the tool and the speed of the cut, then its permissibility is more appropriate, because it is in the position of one who cut its neck with a sword strike. But if the tool was blunt, the cutting was slow, and its suffering was prolonged, it is not made lawful, because there is doubt regarding the existence of that which makes it lawful, so it becomes prohibited, just as if he had sent his hunting dog after prey and found with it another dog he did not know.

1730 - Issue; He said: (And its slaughter is the slaughter of its fetus, whether it has hair or not).

Meaning, if the fetus comes out dead from its mother's womb after she is slaughtered, or is found dead in her womb, or