Killing animal used in bestiality
Fatwa No: 348319

Question

Assalaamu alaykum.I have a question related to bestiality. I came to know that our beloved prophet, sallallaahu 'alayhi wa sallam, said that whoever has intercourse with an animal should be killed, as well as the animal. Is this hadith authentic? I know that if someone is forced to do something, he is not held accountable, so how is this applicable to an animal? And if this hadith is authentic, then there is no doubt that there is wisdom behind that as well as a reason for it. Please give me your insight.

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger. 

Ibn ‘Abbaas, may Allah be pleased with him, narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, “Whoever has intercourse with an animal, kill him and kill the animal.” [Ahmad, Abu Daawood, At-Tirmithi, Ibn Maajah and others]

The scholars differed in opinion in regard to the authenticity of this hadeeth. Abu Daawood and At-Tahaawi classified it as Dha’eef (weak), but Al-Haakim and Al-Albaani and others classified it as Saheeh (sound).

For more benefit in this regard, please refer to the book Al-Irwaa by Al-Albaani; hadeeth No. 2348.

As regards the reason for killing the animal; according to the scholars who said that it should be killed, Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Al-Mughni, “So that it will not give birth to a deformed creation; and it was said: so that it would not be eaten.

The author of Tuhfat-ul-Ahwathi said, “It was said: so that its owner would not be disgraced in this worldly life by keeping it.” 

Therefore, killing the animal, according to the scholars who are of the view that it should be killed, is not because of holding it accountable or punishing it, as is clear from the mentioned justifications.

For more benefit, please refer to fatwa 197803.

Allah knows best.

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