The Person of the Scripture slaughters it, and mentions the name of Allah alone, it is also lawful (12), because the condition for lawfulness has been met. And if it is known that he mentioned the name of other than Allah upon it, or omitted the Basmala (mentioning the name of Allah) intentionally, it is not lawful. Hanbal said: I heard Abu Abd Allah say: It is not to be eaten. He means what is slaughtered for their festivals and churches, because it is that which has been dedicated to other than Allah. He also said in another place: They omit the Basmala intentionally; they only slaughter for the Messiah. As for other than that, it is narrated from Ahmad that it is disliked to eat what is slaughtered for their churches and festivals absolutely. This is the opinion of Maymun ibn Mihran, because it is slaughtered for other than Allah. It is also narrated from Ahmad that it is permissible. Al-Irbad ibn Sariyah was asked about it, and he said: Eat it, and feed me. Similar to this is narrated from Abu Umama al-Bahili and Abu Muslim al-Khawlani. Abu al-Darda' and Jubayr ibn Nufayr ate it. Amr ibn al-Aswad, Makhul, and Damra ibn Habib permitted it, based on the saying of Allah the Exalted: "And the food of those who were given the Scripture is lawful for you." This is from their food. The Qadi said: What a Person of the Scripture slaughters for his festival, a star, an idol, or a prophet, and he names it upon his slaughter, it is forbidden due to His saying, the Exalted: "And that which has been dedicated to other than Allah" (13). And if he mentions the name of Allah alone, it is lawful due to the saying of Allah, the Exalted: "So eat of that upon which the name of Allah has been mentioned" (14). However, it is disliked because of his intention in his heart to slaughter for other than Allah.

1722 - Issue; He said: (And that which is killed by a pellet (1) or (2) a stone is not to be eaten, because it is bludgeoned).

He means the stone that has no sharp edge. As for the sharp one, like flint, it is like the Mi'rad (a piece of wood with a sharp edge used for hunting). If it is killed by its edge, it is permitted (3), and if it is killed by its side or its weight, it is bludgeoned and not permitted. This is the opinion of the generality of the jurists. Ibn Umar said regarding that which is killed by a pellet: That is bludgeoned. Salim, al-Qasim, Mujahid, Ata', al-Hasan, Ibrahim, Malik, al-Thawri, al-Shafi'i, and Abu Thawr disliked it. Ibn al-Musayyib permitted what is killed by it. It is also narrated from Ammar and Abd al-Rahman ibn Abi Layla. Our evidence is the saying of Allah the Exalted: "And the bludgeoned animal" (4). Sa'id narrated with his chain of transmission from Ibrahim, from Adi, who said: The Messenger of Allah (may Allah bless him and grant him peace) said: "Do not eat from the pellet-killed animal, except that which you slaughter" (5). He said regarding the Mi'rad: "If it is struck by its side, and it kills it, it is bludgeoned" (6). Umar said: Let one of you fear casting a stick or stone at a rabbit. Then he said: Let the spears and arrows be slaughtered for you (7). Once this is established, it is the same whether it crushes it or does not crush it, even if he shoots it (8) with a pellet and it cuts the bird's windpipe and esophagus, or it removes its head, it is not lawful. Likewise, if he does that with a non-sharp stone (9).

1723 - Issue; He said: (And the game of a Magian and his slaughtered animal are not to be eaten (1), except what is from fish, for it has no slaughter).

The scholars unanimously agreed on the prohibition of the game and slaughtered animal of a Magian, except that which requires no slaughter, such as fish and locusts, for they have agreed upon its permissibility. However, Malik, al-Layth, and Abu Thawr differed from the community and exceeded the bounds. As for Malik and al-Layth, they said: We do not believe the locust should be eaten if the Magian hunted it. And they permitted fish. Abu Thawr permitted his game and his slaughtered animal, based on the saying of the Prophet (may Allah bless him and grant him peace): "Apply to them the sunnah of the People of the Scripture" (2). And because they are accepted upon payment of Jizya, so their game and slaughtered animals are permitted, like the Jews and Christians. He argued with a report from Sa'id ibn al-Musayyib. This is an opinion that contradicts the consensus, so no consideration is given to it. Ibrahim al-Harbi said: Abu Thawr has breached the consensus. Ahmad said: There are people here who do not see any harm in the slaughtered animals of the Magians. How amazing this is! He was alluding to Abu Thawr. Among those from whom the dislike of their slaughtered animals is narrated are Ibn Mas'ud, Ibn Abbas, Ali, Jabir, Abu Burda, and Sa'id ibn al-Musayyib.