Short answer
Yes, the qurbani is valid. Hanafi scholars dislike knowingly choosing an animal close to giving birth. If the young is found alive, slaughter it too; if it is found dead, Abu Hanifa held it may not be eaten, while the other schools allow it.
Sacrificing a pregnant animal is valid. If the young is alive, it is slaughtered and may be eaten or given away. If it is already dead in the womb, it is not eaten according to Abu Hanifa, which is the relied-upon fatwa position.
Other madhhabs
- Shafi'i
- A foetus found dead after its mother is slaughtered is halal, by the hadith that its mother's slaughter is its slaughter.
- Maliki
- It is halal if it was fully formed and had grown hair.
- Hanbali
- A foetus found dead is halal through its mother's slaughter.
Explanation
Pregnancy is not a defect, so it does not stop an animal from counting as qurbani. Hanafi jurists still discourage picking an animal that is close to giving birth, out of mercy and because the young is usually lost. If you know the animal is heavily pregnant, choose another.
- Young found alive: slaughter it properly with Bismillah. Its meat may be eaten or given away, like the qurbani meat.
- Young found dead: in the relied-upon Hanafi view it counts as carrion and is not eaten. Abu Hanifa's two students (when it is fully formed) and the other three schools allow it.
- Born before Eid: sacrifice the young with its mother, or give it alive to the poor.
- Not sure if pregnant: you do not need to check. The qurbani is valid either way.
The hadith "the slaughter of the foetus is the slaughter of its mother" is the basis of the majority view. Abu Hanifa read it as "the foetus is slaughtered as its mother is slaughtered", meaning it needs its own slaughter. This is an honest difference of reading among the imams. For the rest of the rules on which animals qualify, see qurbani animals.
The evidence
Quran, Surah Al-Hajj 22:36
وَٱلْبُدْنَ جَعَلْنَٰهَا لَكُم مِّن شَعَٰٓئِرِ ٱللَّهِ لَكُمْ فِيهَا خَيْرٌۭ ۖ فَٱذْكُرُوا۟ ٱسْمَ ٱللَّهِ عَلَيْهَا صَوَآفَّ ۖ فَإِذَا وَجَبَتْ جُنُوبُهَا فَكُلُوا۟ مِنْهَا وَأَطْعِمُوا۟ ٱلْقَانِعَ وَٱلْمُعْتَرَّ ۚ كَذَٰلِكَ سَخَّرْنَٰهَا لَكُمْ لَعَلَّكُمْ تَشْكُرُونَ ﴿٣٦﴾
And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good. So mention the name of Allah upon them when lined up [for sacrifice]; and when they are [lifeless] on their sides, then eat from them and feed the needy and the beggar. Thus have We subjected them to you that you may be grateful.
The sacrificial animal is slaughtered with Allah's name.
Jami' at-Tirmidhi 1476
Grading to be checked... ذكاة الجنين ذكاة أمه ...
"The slaughter of the foetus is the slaughter of its mother."
The basis of the majority view, which Abu Hanifa read differently.
Where the ruling is recorded
- al-Fatawa al-Hindiyya, Kitab al-Udhiyah, chapter on defects. A pregnant animal is valid for qurbani; the young found alive is slaughtered.
- al-Hidaya, Kitab al-Dhaba'ih. Abu Hanifa: a foetus found dead is not eaten; his two students differ.
- al-Majmu' (Nawawi), Kitab al-Sayd wal-Dhaba'ih. The Shafi'i view that the dead foetus is halal.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.