2643. If a person locates an item which is perishable in less than a year, such as fruits and vegetables, obligatory precaution dictates that he should take care of it for the period that it does not incur any damage. If the owner is not located within that period, he should seek permission from the ¦¡kim al-shar’iyy or his deputy, and in the absence of these two individuals from the just individuals among the believers, if possible, to appraise and sell the located item. He may also choose to appropriate it for himself, but hold on to its payment. Obligatory precaution dictates that he should announce it for a period of one year from the day it is located. In the event that the owner is not identified, he should act in the manner prescribed in article 2632.
2644. If a person carries the located item with himself whilst performing wu¤u’ or offering his prayers, and has the intention of locating its owner and returning it to him, there is no problem in it. If he does not have such an intention, then exercising any discretion over it, including carrying it with himself is prohibited. However, the mere act of carrying it with himself does not void his prayers or his wu¤u’.
2645. If someone takes an individual’s shoes, and places another pair of shoes in its place, then if he knows or acquires confidence from the circumstances that the pair belongs to the person who took his shoes, and consents that his shoes be taken in lieu of the shoes that he took, then the individual may take those shoes in lieu of his own. The same will apply if he knows that the person has taken his shoes wrongfully and illegally. However, in this case, the value of the shoes should not be more than the value of his own shoes. If it is, then the laws of items whose owner is unknown will be applicable to the difference in value.
In other than these two cases, the laws of items whose owner is unknown will be applicable to the shoes.
2646. If the owner of the items that a person possesses is unknown, albeit as an individual amongst a specific group of people, and the term “lost item” does not hold true of it, it is mandatory upon him to locate the owner of the items until he loses hope in finding him. After losing hope in locating the owner, he may give it in charity to the poor. Obligatory precaution dictates that this should be conducted with permission from the ¦¡kim al-shar’iyy. If the owner comes forth after that, he will not be held accountable for the item.
2647. If an animal whose meat is lawful to consume, be it wild or domesticated, is made lawful either by slaughtering or other methods, the details of which will be mentioned later, then its meat is lawful to consume after it dies, and its body is also §¡hir, except in the following cases:
a. A quadruped that is lawful to consume, but has been defiled by a bāligh person. The same will apply to its offspring. The same will also apply based on obligatory precaution if the person is not b¡ligh.
b. An animal that is habituated to eating human waste, if it has not been subject to istibr¡’ in the manner specified by the shari’a.
c. A kid (young goat) whose bones have been formed by consuming the milk of a pig. The same will apply to its offspring. Obligatory precaution also dictates that the same will apply to a suckling lamb.
d. A kid or a lamb that has consumed the milk of a pig, but its bones have not formed from it, in the event that it has not been subjected to istibr¡’ in the manner elaborated within the shari’a.
2648. If a wild animal that is lawful to consume, such as a deer, partridge or mountain goat, is hunted in the manner that will be elaborated, it becomes §¡hir and lawful to consume. The same will apply to a domesticated animal that is lawful to consume, if it becomes a wild animal, such as a domesticated cow or camel that has fled and turned wild.
However, a lawful domesticated animal such as a sheep or a chicken, or a lawful wild animal that has been domesticated through training, does not become §¡hir or lawful to consume by hunting it.
2649. A lawful wild animal will only become §¡hir and lawful to consume by hunting it if it is able to flee or fly away. Therefore, a baby deer which cannot flee, or a baby partridge which cannot fly away, does not become §¡hir and lawful to consume by hunting it. If a person kills a deer and its baby that is unable to flee using one arrow, the deer will be lawful to consume whilst its baby will not be lawful.
2650. If a lawful animal whose has gushing blood, such as a fish, dies in a manner other than the one specified in the shari’a for making it lawful to consume, then it will be §¡hir, but consuming it will not be lawful.
2651. An unlawful animal that does not have gushing blood, such as a snake, does not become lawful by slaughtering it. However, its carcass, be it from slaughtering or otherwise, is §¡hir.
2652. A dog or a pig will not become §¡hir by slaughtering or hunting it. In addition, it is forbidden to consume their meat. If an unlawful animal such as a wolf or a tiger that is carnivorous, is slaughtered in the manner that will be elaborated, or hunted by an arrow or similar weapon, it will become §¡hir. However, it will not be lawful to consume its meat. In the event that it is hunted by a hunting dog, it is problematic to claim that it becomes §¡hir.
2653. If an elephant, bear or a monkey is slaughtered in the manner that will be elaborated, or hunted by an arrow or similar weapon, it will be §¡hir. However, the small burrowing animals such as mice, who possess gushing blood, but do not have a usable hide, will not become §¡hir by slaughtering or hunting them. However, if they possess a usable hide, it is problematic to claim that they become §¡hir.
2654. If a dead baby is delivered or taken out from the womb of a live animal, it is forbidden to consume its meat.
2655. The method of slaughtering an animal is that the esophagus which is the food pipe, and the trachea which is the airway, and the two veins which are next to the trachea (commonly known as the four arteries), should be severed completely from below the laryngeal prominence (the protrusion below the throat). It will not be sufficient to simply cause an incision in them.
2656. If a person cuts some of the four arteries, then waits for the animal to die, and thereafter severs the remaining arteries, that animal will not become §¡hir or lawful to consume. The same will apply based on obligatory precaution if the four pathways are all slaughtered prior to its death, but they are not severed in the normal consecutive manner.
2657. If a wolf tears apart a section of a sheep’s neck, but leaves the four pathways intact, or tears apart another part of the sheep’s body, then in the event that the sheep is still alive, and it is slaughtered in the manner that will be elaborated, it becomes §¡hir and lawful to consume. However, if the wolf tears apart the neck in a manner that the four pathways that are in the neck, and which must be severed, are completely destroyed, then that sheep will become unlawful. However, if it tears apart some of the pathways in a manner that it would be possible to sever it a little above or a little below, then it is problematic to claim that the animal is lawful to consume.
2658. The following are the conditions for slaughtering an animal:
1. The person slaughtering the animal must be a Muslim, whether it is a man or a woman. The child of a Muslim who is of distinguishing age, in that he can distinguish good from evil, can also slaughter the animal. However, if a k¡fir, a n¡¥ibi, a kh¡riji or a gh¡li who is considered a k¡fir, such as those who believe in the divinity of Imam ‘Ali (as), slaughters an animal, it will not become lawful for consumption.
2. They should slaughter the animal with a tool made of iron. However, if an iron-tool is not available, the animal can slaughtered using a sharp tool that is able to sever its four pathways, such as a piece of glass or a rock. Obligatory precaution dictates that the situation be such that if the animal is not slaughtered it would die, or another reason necessitates slaughtering the animal.
3. Whilst slaughtering the animal, the front of the animal should face the qiblah. If someone knows that the animal should be slaughtered facing the qiblah, and he intentionally fails to make it face the qiblah, that animal will be unlawful to consume. However if he forgets about it, or does not know about the precept, or mistakes the direction of the qiblah, or does not know the direction of the qiblah, or is unable to make the animal face the qiblah, but is forced to slaughter the animal, then there is no problem in it.
4. When the person wants to slaughter the animal, or places the knife on its throat with the intention of slaughtering it, he should pronounce the name of God. The mere pronouncement of bismill¡h or all¡hu akbar or any similar invocation will suffice. In fact, saying Allah by itself is also sufficient. However, if he invokes the name of God without the intention of slaughtering the animal, the animal will not be §¡hir and neither will its meat be lawful for consumption. Nevertheless, if he forgets to invoke the name of God, there will be no harm in it. The recommended precaution is that whenever he recollects, he should invoke the name of God.
5. The animal should show some movement after being slaughtered, even if it be moving its eyes or tail, or striking its feet against the ground. This ruling applies in the case where there is doubt as to whether the animal is alive or not whilst being slaughtered. Otherwise, there is no need for it. It is also obligatory that a usual amount of blood that is normal and common for that type of animal should drain out of the body.
6. The obligatory precaution is that the head of an animal, other than birds, should not be separated from the body before the spirit has left its body. In fact, this act is also problematic in the case of birds. However, if the head is separated accidentally or owing to the sharpness of the knife, it will not be problematic.
The obligatory precaution is that the spinal marrow which extends from the cervical vertebrae to the tail of the animal, and is commonly known as the [nik¡h in Arabic] marriage, should not be cut intentionally.
7. The obligatory precaution is that the animal be slaughtered from the front of the neck and not the nape of the neck. Similarly, based on obligatory precaution, it is not permissible to insert the knife under the pathways, and then cut them towards the front.
2659. If a person wishes to kill a camel in a manner that it would be §¡hir and lawful to consume after its death, then he should thrust a knife or any other cutting tool made of iron in the hollow area between the neck and the chest of the camel. He should also observe the aforementioned conditions for slaughtering animals.
2660. When a person wishes to thrust the knife into the camel’s neck, it is better for the camel to be standing. However, there is no problem if the knife is thrust into the hollow area of the camel whilst it is seated with its knees on the ground, or if it is sleeping on its side, and the front of its body is facing the qiblah.
2661. If instead of thrusting the knife into the hollow area of a camel’s neck, a person chooses to sever its head, or he chooses to thrust a knife—as prescribed for a camel—into the neck of a sheep, a cow or similar animal, then their meat will be unlawful to consume and their bodies will be najis. However if he severs the four pathways of a camel, and whilst it is alive, he thrusts a knife into the hollow area in its neck in the manner elaborated above, its meat will be lawful to consume and its body will be §¡hir. Similarly, if a knife is thrust into the neck of a sheep, a cow or similar animal, and whilst it is still alive, it is slaughtered, it becomes lawful and §¡hir.
2662. If an animal becomes unruly, and it cannot be slaughtered in the manner prescribed by the shari’a, or—for example—falls into a well, and it is possible that it may die in the well, and killing it according to the shari’a is not possible, then if it is struck by a sword, a spear, an arrow or any similar weapon on any part of its body, and it dies on account of that injury, it becomes lawful to consume. It is not necessary for it to face the qiblah. However, it should possess the other conditions mentioned above for slaughtering animals.
2663. A few acts are recommended whilst slaughtering an animal:
1. Whilst slaughtering an animal, both its hands and one of its legs should be tied together. The other leg should be left free. As for a cow, all its hands and legs should be tied, but its tail should be left free. Whilst killing a sitting camel, its hands should be tied together from the end of the hands to the knees or to the area below the armpits. Its legs should be left free. It is recommended that a chicken be let free after severing its head so that it may flap its plumage.
2. The person slaughtering the animal should face the qiblah.
3. Before slaughtering the animal, water should be placed in front of it.
4. They should slaughter the animal in a manner that would minimize its suffering. For example, the knife should be well sharpened, and it should be slaughtered swiftly.
2664. A few acts are makruh to perform whilst slaughtering an animal:
1. According to a great number of renowned scholars, to remove the hide of an animal before the spirit leaves its body. The obligatory precaution is to refrain from doing this.
2. To slaughter an animal in an area where a similar animal is present. For example, to slaughter a sheep or a camel in an area where another sheep or camel can see it.
3. To slaughter an animal at night, unless one fears that it will die. The same applies to slaughtering before the time of zuhr on Friday. However, in the case of necessity, there is no problem in doing so.
4. A man who raised the quadruped slaughters it himself.
2665. If a wild animal whose meat is lawful to consume is hunted with a weapon, its meat is lawful to consume and its body is §¡hir given the following five conditions:
1. The hunting weapon should be incisive like a sword or a knife, or sharp like an arrow or a spear. If an animal is hunted using a trap, a piece of wood or a stone, its carcass is not §¡hir and its meat in unlawful to consume. If an animal is hunted with a gun, then if the bullet is sharp such that it penetrates the animal’s body and creates a tear, it will be §¡hir and lawful for consumption. However, if the bullet is not sharp, and it penetrates the animal’s body with pressure, and kills it, or burns the body of the animal on account of its heat, and the animal dies on account of the burning, then to claim that it is §¡hir and ¦al¡l is problematic.
2. The individual hunting the animal should be a Muslim, or the child of a Muslim who is capable of discerning good from evil. Hence, if a k¡fir, a n¡¥ibi, a kh¡riji or a gh¡li who is considered a k¡fir, like the one’s who prescribe to the divinity of Imam ‘Ali(a‘), hunts an animal, then the hunted animal will not be lawful to consume.
3. The weapon should be used or fired with the intention of hunting an animal. Therefore, if for example a person aims at a particular place, and incidentally kills an animal, the carcass of that animal will not be §¡hir, nor will its meat be permissible to consume.
4. Whilst using the weapon, the individual should invoke the name of God. If he intentionally fails to invoke the name of God, the prey does not become lawful for consumption. However, if he forgets to do so, there is no harm in it.
5. He reaches the animal after it has died, or if it is alive, there is insufficient time to slaughter it. However, if there is sufficient time to slaughter it, and he fails to do so, the animal will be unlawful for consumption.
2666. If two people hunt one animal, and one intends to hunt it and the other does not, or if one is a Muslim and the other is not, or one of them invokes the name of God and the other intentionally fails to do so, the animal will not be lawful for consumption.
2667. If the animal falls into a body of water after it is hit by—for example—a bullet, and the person knows that the animal died on account of being hit by the bullet and falling into the water, the animal is not lawful for consumption. In fact, if he does not know whether the animal died solely on account of the bullet or otherwise, it is not lawful for consumption.
2668. If a person hunts an animal with a dog or a weapon that is usurped, the hunted animal will be lawful to consume, and it will belong to him. However, in addition to the fact that he has committed a sin, he also has to pay the wages for using the weapon or the dog to its owner.
2669. If a person chops an animal into two parts using a sword or any other permissible hunting weapon, with the conditions that were elaborated in article 2665, and its head and neck remain in one of the parts, and he reaches the animal after it has died, then both the parts will be lawful for consumption. The same will apply if the animal is alive, but there is insufficient time to slaughter it.
However, if there is sufficient time to slaughter it, and it is possible that it may live for some time, then the part which does not contain the head and the neck is unlawful for consumption. As for the part which contains the head and the neck, if it is slaughtered in the manner prescribed by the shari’a, it will be lawful, and if not it will be unlawful for consumption.
2670. If an animal is chopped into two parts using a piece of wood, a stone or any other tool that is not authorized for hunting by the shari’a, the part which does not contain the head and the neck is not lawful for consumption. As for the part which contains the head and the neck, if it is alive and it is possible that it may live for a period of time, then if it is slaughtered in a manner prescribed by the shari’a, it is lawful for consumption, and if not, then even that part is unlawful
2671. If an animal is hunted or slaughtered, and a live offspring is taken out of its womb, then if the offspring is slaughtered according to the shari’a, it is lawful to consume, and if not, it is unlawful.
2672. If an animal is hunted or slaughtered, and a dead offspring is removed from its womb, then if the baby animal is fully developed, and hair or wool has grown on its body, and it has died on account of the hunting or the slaughtering of its mother, and its removal from the womb of its mother has not been delayed more than what is common, it will be §¡hir and lawful for consumption.
