Most of our later companions said: It does not become unlawful due to this. This is the opinion of the majority of jurists, because when it has been slaughtered, it is already under the ruling of a dead animal. Likewise, if its head were severed after slaughtering, it would not become unlawful. Ahmad explicitly stated this. If a person were slaughtered, then another struck him and drowned him, neither retribution (qisas) nor blood money (diyah) would be incumbent upon him. The basis for al-Khiraqi’s opinion is the saying of the Prophet (may Allah bless him and grant him peace) in the hadith of 'Adi ibn Hatim: "If it falls into water, do not eat it" (4). Ibn Mas'ud said: Whoever shoots a bird and it falls into water and drowns therein, do not eat it. This is because drowning is a killing cause. When it combines with slaughtering, both that which permits and that which forbids have gathered, so the prohibition is given priority. Furthermore, it cannot be guaranteed that it did not assist in the departure of the soul, so it would have departed through two actions, one permitting and one forbidding. This is similar to if both conditions were found simultaneously, or if a Muslim and a Zoroastrian both shot it and it died.

1729 - Issue; He said: (And if he slaughtered it from its nape, and he is mistaken, and the knife reached its place of slaughter while it was alive, it is eaten).

Al-Qadi said: The meaning of "mistaken" is that the slaughtered animal twists upon him, so the knife reaches the nape. This is because, with its twisting, one is unable to slaughter it in its proper place, so the consideration of the location is dropped, like an animal that has fallen into a well. As for when it does not twist, it is not made lawful by that, because a wound in the nape is a cause of death, and it is outside the place of slaughter. When this combines with slaughtering, it prevents its lawfulness, just as if he were to rip open its belly. It has been narrated from Ahmad what points to this meaning; for al-Fadl ibn Ziyad said: I asked Abu 'Abd Allah about someone who slaughtered from the nape. He said: "Intentionally or unintentionally? [I said: Intentionally]." He said: "It is not eaten." If it was unintentional, as if it twisted upon him, there is no harm.