Is a person says Bismillah and then fires his rifle at a game animal. Is such an animal Halal or Haram?
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Question: What do the Ulama-e-Deen and learned Muftis decree in the said case, where a person says bismillah and then fires his rifle at a game animal. Once the animal had dropped, he went to it and found no signs of life present in it and nor was there any movement in it. When he made zibah (slaughtered) the animal, the blood flowed properly. Now, is this animal regarded as halaal or haraam? If he did not make the animal zibah, then in such a case is it regarded as halaal or haraam? And also explain what the ruling is if the bleeding is not spontaneous.The Answer: If one made zibah of the animal and at the time of zibah, there were signs of life in the animal, i.e. it was moving or it was kicking or showing signs of discomfort during zibah, even though the blood did not flow well, or it let out blood like blood comes out of an animal that is made zibah, even though it did not move or if there are any other signs that prove it was alive at the time of zibah, it will be regarded as Halaal. The basis is zibah and it should be made zibah. If there are any signs of life in it, even though it does not move vigorously, it will be regarded as halaal, otherwise it will be regarded as haraam. It is in Durr-e-Mukhtar as follows: “A sick goat is made zibah and it moved (during zibah) or it squirted out blood, then it is regarded as halaal, if not it is not halaal if there is no sign of life at the time of zibah. If there is evidence of life at the time of zibah, then it is definitely halaal, even though it does not move and blood does not flow. The ruling is the same regarding the animal that has been strangled or the animal which fell from a height or an animal that has been injured by the horns (of another) or the animal whose stomach has been torn open by a wolf. In all the above mentioned cases, if the animals are made zibah, then they will be regarded as halaal, even though only very little life is left in them and this is the decree (fatwa) as it is based on the command of Allah “But that which you have slaughtered without delay” It has been mentioned in Raddul Muhtaar from Bazaazi who narrated from Isbijaabi, who in turn narrated from Imam Azam Abu Hanifa (radi Allahu anhu) that just the oozing of blood is not enough to prove the animal was alive, unless it flows in such a way like it flows from some living creature. This is the clear narration. It is in the same as follows: “If an animal falls from a height and is close to death but all the signs of life are present and is on the basis of what is mentioned in the Quran, even if it is Natiah or Mauqooza and even if there is only little life left, then it is just as we have mentioned. The fatwa is thus given based on this.” It is in Tanzeel as follows: “Mauqooza refers to that which has been beaten by a stick or stone.” Qatadah has mentioned that the kufaar used to beat the animals to an extent that it would die and then they would eat it. I (Aala Hazrat) must say that all these animals that have been hit by something powerful, even though it may be a hand gun, it is regarded in the law of Mauqooza (that animal that has been severely beaten) and such animals become halaal at the time of zibah even though there is only very little life left in it. It is in Raddul Muhtaar as follows: ‘It is evident that the injury afflicted through a gun is caused through burning and force caused by the firing of the bullet. Since the gun does not have a cutting blade (like a knife), the animal killed (just by shooting alone) is not regarded as halaal. The fatwa here is also as per the decree of ibn Najeem. And Allah is all knowing. |