that such a practice is permissible even when no necessity exists, and that there is no harm in performing nahr on cattle or carrying out regular dhabḥ for them, whether the situation is one of need or not, although dhabḥ remains the preferable method. Sheep, however, are not to be subjected to nahr except in the limited circumstances already mentioned, and the same applies to camels with respect to dhabḥ: they are only to be slaughtered in the manner we have described.
If the slaughterer forgets to pronounce the divine name over the animal, this omission does not invalidate the slaughter and the meat may be eaten. Should he leave off the invocation deliberately, then—according to Mālik—the meat is not to be consumed. Some scholars from Medina and elsewhere hold that a Muslim’s failure to invoke the name, whether deliberate or accidental, does not affect the permissibility of the meat, for he is still slaughtering in accordance with his faith and law; after all, if a Magian were to utter the name of Allah it would avail him nothing.
An animal cut from the back of the neck may not be eaten. The valid slaughter of a pregnant animal automatically serves as valid slaughter for its fetus, provided the fetus is not found alive and its form is complete, with hair already grown. If its features are not fully formed and the hair has not appeared, the fetus may not be eaten unless it is discovered alive and then given a proper slaughter.
When a domesticated animal turns feral, only those methods allowed for domesticated animals remain valid for its slaughter. Likewise, if an animal falls into a well, the only permissible slaughter is to cut between the throat and the base of the neck, in keeping with the sunnah procedure. Some people of Medina and others have differed over these two issues, but the correct view is that adopted by Mālik.
As for al-muta raddiyah (an animal that has fallen from a height), al-naṭīḥah (one that has been gored), al-mauqūdhah (one that has been beaten or struck), and akīlat al-sabuʿ (one partially eaten by a predator): each of these, if slaughtered while its eyes still blink, its breath still flows, and it can move a fore-limb, tail, or leg—so that its life-force is plainly present—then the slaughter is valid, provided its vital integrity has not been destroyed. Invalidating factors include the spinal cord being exposed, the entrails spilling out, the backbone being severed, or the predator tearing away the very area where slaughter is performed. There is considerable disagreement on this question among our jurists and others, yet this is the sound position transmitted from Mālik and from the scholars whose opinions are considered reliable.
The authorities are unanimous that if an animal is so gravely ill that its survival is not expected, its meat is lawful once it is slaughtered while life still remains in it.