1732 - Issue: He said: (The slaughtered animal of those among the Muslims and the People of the Scripture who are capable of slaughtering is lawful, if they mention the name of Allah, or forget the mention.)

The summary of this is that whoever is capable of slaughtering among the Muslims and the People of the Scripture, if they perform the slaughter, the consumption of what they have slaughtered is lawful, whether it be a man or a woman, an adult or a child, a free person or a slave; we know of no disagreement regarding this. Ibn al-Mundhir said: All scholars from whom we have reports have reached a consensus on the permissibility of the slaughtered animal of a woman and a child. It has been narrated that a slave girl of Ka'b ibn Malik was tending sheep at [Mount] Sal', and one of the sheep was injured, so she caught up to it and slaughtered it with a stone. He asked the Prophet (may Allah bless him and grant him peace) about it, and he said: "Eat it." This is agreed upon (4). There are seven benefits in this hadith: First, the permissibility of the slaughter of a woman. Second, the permissibility of the slaughter of a slave. Third, the permissibility of the slaughter of a menstruating woman, because the Prophet (may Allah bless him and grant him peace) did not ask for further details. Fourth, the permissibility of slaughtering with a stone. Fifth, the permissibility of slaughtering that for which death is feared. Sixth, the lawfulness of what someone other than the owner slaughters without their permission. Seventh, the permissibility of slaughtering on behalf of someone other than the owner in a situation of fear for it. It is stipulated that the slaughterer be sane; if it is a child, an insane person, or an intoxicated person who lacks discernment, the slaughter is not valid from them. Malik held this view. Al-Shafi'i said: Sanity is not a condition. He has two views regarding a case where an insane person sets a hunting dog upon game. Our position is that the intention is taken into account for the legal slaughter (dhakah), so sanity is taken into account as in the case of worship, for whoever lacks sanity cannot validly form an intention; thus, their slaughter becomes as if a piece of iron fell by itself onto the throat of a sheep and slaughtered it. As for his statement: "If they mention the name of Allah, or forget the mention," the mention of the name of Allah (tasmiyah) is stipulated for every slaughterer when done intentionally, whether they are a Muslim or a person of the Scripture. If the person of the Scripture intentionally omits the mention of the name of Allah, or mentions a name other than Allah, it does not become lawful.