Is it permissible to slaughter a pregnant animal?

Allah the Almighty created everything on earth for the benefit of humankind. The Qur'an says:

هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا

"He (Allah) is the One who created for you all that is on the earth" [1].

Since the beginning of time, humans have survived by eating the meat of livestock and animals.

Abu Sa'id al-Khudri narrated: "We asked the Prophet (peace and blessings be upon him), 'O Messenger of Allah! When we slaughter a camel, cow, or sheep, sometimes we find a fetus inside. Can we eat it, or must we discard it?' He replied: 'Eat it if you wish, for the slaughtering of its mother is its slaughtering as well' [2].

As stated in the hadith, it is permissible to slaughter a pregnant animal. However, slaughtering a pregnant animal that is close to giving birth is makruh (disliked) [3]. Islamic law does not permit slaughtering domestic animals, hunting wild animals, or cutting down trees without necessity for the community or an individual.

Ibn Rushd said: "It is not permissible to slaughter a pregnant camel that is beneficial to the public, a plowing cow, or a milking sheep" [4].

If a pregnant animal is slaughtered, the ruling on eating the fetus found inside is as follows:

1. According to the majority of scholars, if the fetus has not yet received life (i.e., it is just congealed blood or a lump of flesh) or is not fully formed, it is not permissible to eat it, as it is considered carrion.

1. If the fetus is fully formed and alive, there are several opinions:

• If it is born alive, it must be slaughtered. If it dies before being slaughtered, it is considered carrion.

• If it is known that the fetus died before the mother was slaughtered, it is not permissible to eat it.

• If the pregnant animal is slaughtered and the fetus is found dead inside, and it is not clear when it died, the predominant opinion is that it is considered to have died with the slaughtering of its mother. However, there is scholarly disagreement on this matter. Most of the Companions, as well as Imam Malik, Imam Shafi'i, Imam Hanbal, Imam Abu Yusuf, and Imam Muhammad, permitted eating such a fetus. They based this on the Prophet's (peace and blessings be upon him) statement: 'The slaughtering of its mother is its slaughtering,' meaning slaughtering the mother is equivalent to slaughtering the fetus.

Imam Abu Hanifa, Zufar, and Hasan ibn Ziyad, however, held that it is not permissible to eat such a fetus, citing the following verse:

حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ

"Carrion is forbidden to you" [5].

According to these scholars, if a pregnant animal is slaughtered and the fetus inside is not alive, it is considered carrion, since the fetus has an independent life and could survive after the mother's death. Therefore, it must be slaughtered separately [6].

In summary, it is permissible to slaughter a pregnant animal. However, it is disliked (makruh) to do so when the animal is close to giving birth. If the fetus is born alive after slaughter, it should be slaughtered and can be eaten. If it is born dead, it is not permissible to eat it. Additionally, if a pregnant animal is slaughtered as a sacrifice and the fetus is born alive, it should be slaughtered and its meat distributed like the mother’s. If not slaughtered, or if the time for sacrifice passes, it should be given away alive as charity [7]. Nevertheless, it is better not to choose a pregnant animal for sacrifice.

Shariah and Fatwa Department

[1] Surah al-Baqarah, verse 29.

[2] Abu Dawud, 2/253. Hakim, 4/114.

[3] Al-Fatawa al-Hindiyya, 12/5231. Al-Fatawa al-Sirajiyya, 391.

[4] Mawahib al-Jalil li Sharh Mukhtasar Khalil, 4/347.

[5] Surah al-Ma'idah, verse 3.

[6] Al-Mawsu'ah al-Fiqhiyyah, 21/201-203.

[7] Al-Fatawa al-Hindiyya, 5/372.