Azami 7206

Abu Dawud (2828) narrated it from Muhammad bin Yahya bin Faris, who said, Ishaq bin Ibrahim bin Rahawayh told me, Attab bin Bashir told us, Ubaydullah bin Abu Ziyad Qaddah Makki told us, from Abu Zubayr, from Jabir, and he mentioned it. Hakim narrated it (4/114) by this route, and judged it sahih according to the standard of Muslim. But this is not as he said, for Muslim did not narrate anything from either Attab or Ibn Abu Ziyad. Bukhari did narrate from Attab, but only as a corroborating or paired narration. Their memory has been criticized, but they were each corroborated, for Hakim narrated it also through Hasan bin Bishr bin Salm, who said, Zuhayr told us, from Abu Zubayr, with the same wording. Zuhayr bin Muawiya, Abu Khaythama Jufi, is thiqah and well known, while Hasan bin Bishr is disputed, though he is not a problem in corroborating narrations.Of similar meaning is what was narrated from Ibn Umar, who said that the Messenger of Allah ﷺ said, "The slaughter of a fetus, if it has grown hair, is covered by the slaughter of its mother, but it should still be slaughtered so that whatever blood remains in it is drained." Hakim narrated it (4/114) from Abu Walid, who said, Husayn (this is an error, the correct name is Hasan) bin Sufyan told us, Wahb bin Baqiya told us, Muhammad bin Hasan Wasiti told us, from Muhammad bin Ishaq, from Nafi, from Ibn Umar, and he mentioned it. Its narrators are thiqah except for Muhammad bin Ishaq, who was a mudallis and narrated here with an ambiguous form of transmission. Abu Walid, Hakim's teacher, is Hassan bin Muhammad Faqih, whom Dhahabi profiled in Siyar (15/492), praising him as, "The unique imam, the hafiz, the jurist, the shaykh of Khurasan..."But Ibn Ishaq was contradicted by someone more reliable than him, who narrated it from Nafi as a statement stopped at Ibn Umar rather than attributed to the Prophet. Malik narrated it in the chapter on slaughtered animals (8) from Nafi, from Abdullah bin Umar, that he used to say, "When the she-camel is slaughtered, the slaughter of what is in her womb is covered by her slaughter, provided its formation is complete and its hair has grown. But if it comes out of its mother's womb still alive, it must be slaughtered." Bayhaqi narrated it (9/335) through Malik, and Abdullah bin Umar (that is, Umari), and others, that Nafi told them that Abdullah bin Umar used to say what has been mentioned, adding, "and if it comes out of her womb alive, it must be slaughtered." Bayhaqi then said following this, "This is the sahih version, as a stopped report."He then narrated it as attributed to the Prophet through another route, as did Daraqutni (4/271), through Isam bin Yusuf, who said, Mubarak bin Mujahid told us, from Ubaydullah bin Umar, that the Messenger of Allah ﷺ said regarding the fetus, "Its slaughter is covered by the slaughter of its mother, whether it has grown hair or not." Daraqutni added that Ubaydullah said, "But when it comes out of its mother's womb, it must be ordered to be slaughtered, so that the blood is drained from it."His statement "or has not grown hair" contradicts the earlier hadith of Ibn Ishaq. In addition to the defect of being a stopped report as mentioned, its chain contains Mubarak bin Mujahid, who is Abu Azhar Khurasani Marwazi. Abu Hatim said, as recorded in Jarh wal-Tadil, "I do not see any problem with his hadith," while Qutayba bin Saeed judged him very daif and said, "He was a Qadari." Ibn Hibban mentioned him in Majruheen and said, "His hadith is munkar, one of those who transmit alone from thiqah narrators material that does not resemble the hadith of reliable narrators, so his solitary reports cannot be used as evidence." Abu Ahmad Hakim said, "He is not strong in their view," and he was also listed among the daif narrators by Ibn Jarud, Dulabi, and Aqeeli, as recorded in Lisan Mizan. The correct conclusion is that it is a stopped report attributed to Ibn Umar, as mentioned before.The positions of the scholars regarding the slaughter of the fetus. Tirmidhi said, following the hadith of Abu Saeed Khudri, "This is the practice followed among the people of knowledge from among the companions of the Prophet ﷺ and others, and it is the view of Sufyan Thawri, Ibn Mubarak, Shafii, Ahmad, and Ishaq." End of quote. Malik made the condition that the hair must have grown, based on the statement of Ibn Umar. Abu Hanifa said, "It is not permissible to eat the fetus unless it comes out alive and is slaughtered like its mother."I have discussed this matter in detail, along with the evidence, in Minna Kubra (8/333–334).