or its movement after emerging is like the movement of a slaughtered animal, then it is lawful. This was narrated from 'Umar and 'Ali, and it is the view of Sa'id ibn al-Musayyab, al-Nakha'i, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Ibn 'Umar said: Its slaughter is the slaughter of its mother if it has hair. This has also been narrated from 'Ata', Tawus, Mujahid, al-Zuhri, al-Hasan, Qatadah, Malik, al-Layth, al-Hasan ibn Salih, and Abu Thawr; this is because 'Abd Allah ibn Ka'b ibn Malik said: The companions of the Messenger of Allah (may Allah bless him and grant him peace) used to say: If the fetus has hair, its slaughter is the slaughter of its mother. This is an indication of their collective agreement (ijma'). Abu Hanifah said: It is not lawful unless it emerges alive and is then slaughtered, because it is an animal distinct in its life, so it is not made lawful by the slaughter of another, just as after birth. Ibn al-Mundhir said: The people were upon its permissibility, and we do not know of anyone among them who disagreed with what they said until al-Nu'man (Abu Hanifah) came and said: It is not lawful, for the slaughter of one soul cannot be the slaughter of two souls. Our evidence is what Abu Sa'id narrated, saying: It was said, "O Messenger of Allah, one of us slaughters a she-camel, a cow, or a sheep and finds in its womb the fetus; shall we eat it or discard it?" He replied: "Eat it if you wish, for its slaughter is the slaughter of its mother." Also, from Jabir, from the Messenger of Allah (may Allah bless him and grant him peace), who said: "The slaughter of the fetus is the slaughter of its mother." Both were narrated by Abu Dawud. Furthermore, this is a consensus of the Companions and those after them, so one should not rely upon that which contradicts it. Moreover, the fetus is connected to her with the connection of creation, nourished by her nourishment, so its slaughter is her slaughter, just like her limbs. Additionally, slaughter in animals varies according to the possibility and capability regarding it, as evidenced by game that is difficult to capture, that which is captured, and the animal that has fallen [from a height]; the fetus cannot be slaughtered in any way other than by slaughtering its mother, and thus that constitutes its slaughter.