1734 - Issue: He said: (And if he is in a state of major ritual impurity [junub], it is permissible for him to say the Tasmiyah and slaughter).

This is because the junub is permitted to say the Tasmiyah and is not prohibited from it, as he is only prohibited from the Quran, not from Dhikr (remembrance of Allah). For this reason, the Tasmiyah is prescribed for him when he performs his ghusl (ritual bath). Furthermore, janabah (major ritual impurity) is not greater than kufr (disbelief), and a disbeliever may say the Tasmiyah and slaughter. Among those who permitted the slaughter of a junub are al-Hasan, al-Hakam, al-Layth, al-Shafi'i, Ishaq, Abu Thawr, and the People of Opinion [the Hanafis]. Ibn al-Mundhir said: I do not know of anyone who prohibited this. The slaughtered animal of a menstruating woman is also permitted, as she is in the same position as the junub.

Section: The strangled animal, the beaten-to-death animal, the fallen animal, the gored animal, the animal eaten by a beast, and that which is struck by illness and dies therefrom are all forbidden, unless its dhabihah (ritual slaughter) is reached, according to His saying, the Almighty: "Except for those which you [are able to] slaughter." In the hadith of Ka'b's slave girl, it is mentioned that one of her sheep was injured, so she reached it and slaughtered it with a stone. The Prophet (may Allah bless him and grant him peace) was asked about it, and he said: "Eat it." If there remains nothing of its life except the movement of a slaughtered animal, it is not rendered lawful by the dhabihah, because if one were to slaughter what a Magian has slaughtered, it would not be rendered lawful. However, if he reaches it while it still has stable life such that he is able to slaughter it, it becomes lawful, due to the generality of the verse and the report. This applies whether it has reached a state where it is known that it will not live, or whether it might live, due to the generality of the verse and the report, and because the Prophet (may Allah bless him and grant him peace) did not ask and did not seek further details. Ibn Abbas said, regarding a wolf that rushed at a sheep, wounded it, and its entrails fell to the ground, that if one reaches it and slaughters it with a stone, one should remove what touched the ground and eat the rest of it. Ahmad said regarding a beast that wounded another beast until the signs of death appeared in it, even though it still possessed a soul—meaning it was then slaughtered: If it flicked its tail, moved its eye, and blood flowed, then I hope, if Allah Almighty wills, that there is no harm in eating it. He narrated this with his chain of transmission from Ubayd ibn Umayr and Tawus, and they said: "It moved," but they did not say: "Blood flowed." And this...