A following was put forward by one of the brilliant readers of the blog:
An issue has arisen in regards to Halal slaughter. I was reading from the hadeeth about the women who found a dead sheep and slaughtered it in al-Umdat.
Can this be understood in any way to mean that the animals that are slaughtered after being stunned are permissible? jazakullah khayr
That hadith and those like it are used by Imam Muwaffaq ud-Din Ibn Qudamah (d. 620 AH) and the latter day scholars as referring to:
a) an animal found slaughtered in Dar ul-Islam and wondering what the ruling would be upon the one that found it.
b) an animal that was still alive and had been eaten by another animal or such and was found by someone and then slaughtered in Dar ul-Islam.
In consideration of Dar ul-Kufr, which is where the great bulk of these stunnings occur, there are the following statements:
1) electrocution falls under the same ruling as choking, which has been mentioned in Surat ul-Ma’idah (5), ayah 3
2) in the case of such an animal the blood has collected and congealed, so even when cutting the wind pipe and both the carotid arteries, there is no way to drain all the blood from the animal. It is for this reason that the Hanbali maraji` have ruled that it is impermissible.
It is firstly a type of choking. If someone even goes to farms where this is done, the animal gives a reaction similar to being knocked unconscious (which is similar to a mini-stroke) after being choked. Secondly, as the blood will collect and congeal in the areas, there is also a release of other poisons and toxins, things that do not happen under normal slaughtering.
brother in Islam,
Al-Hajj Abu Ja`far Al-Hanbali
There is also a landmark lenient ijtihad (the only one!) from Imam `Abdul Ghani Al-Lubadi in his Hashiyah that if the animal was slaughtered from the neck down it is permitted and similarly if the animal was hit or knocked down in a way in which there was some moving still and the animal was alive, then this would be permitted to consume.
The issue is whether or not he meant 1) this in Dar ul-islam or Dar ul-Kufr and 2) whether this was a Muslim or kafir, a forgetful Muslim, etc.
It has been left open by authorities and not touched upon, so it is left as it as, thus we leave it as it is left.
Hashiyat ul-Lubadi ala Nail il-Ma’arib, 423-424.