Praise be to Allaah.
Meat slaughtered by one who is junub or menstruating is
halaal, and there is no sin on him for that.
Ibn Qudaamah (may Allaah have mercy on him) said: If he is
junub, it is permissible for him to say Bismillaah and slaughter (meat).
That is because the one who is junub is allowed to say
Bismillaah (in the name of Allaah) and there is no reason why he should not
do that. It is only forbidden for him to read Qur’aan, unless he recites
from memory. Hence it is prescribed for him to say Bismillaah when he starts
to do ghusl. Janaabah is no worse than kufr, and kaafirs may say the name of
God and slaughter meat.
Among those who state that meat slaughtered by one who is
junub is allowed are: al-Hasan, al-Hakam, al-Layth, al-Shaafa’i, Ishaaq, Abu
Thawr and ashaab al-ra’y. Ibn al-Mundhir said: I do not know of anyone who
did not allow that. And it is permissible for a menstruating women to
slaughter meat, because she comes under the same rulings as one who is
junub. End quote from al-Mughni, 11/61
Al-Nawawi (may Allaah have mercy on him) said in
al-Majmoo’ (9/74): Ibn al-Mundhir narrated that there was scholarly
consensus that meat slaughtered by one who is junub is permissible. He said:
As the Qur'aan indicates that meat slaughtered by people of the Book is
halaal even though they are naajis, then it is more appropriate that meat
slaughtered by one who the Sunnah has stated is not naajis should be
permissible. And he said: A menstruating woman is like one who is junub. End
The fuquaha’ quoted as evidence for that the report narrated
by al-Bukhaari (5501) from Ka’b ibn Maalik, according to which a slave woman
of theirs was tending sheep in Sal’, and she saw that one of her sheep was
dying, so she broke a stone and slaughtered it, but he told his people: “Do
not eat it until I go to the Prophet (peace and blessings of Allaah be
upon him) and ask him, or until I send someone to him to ask him. He went to
the Prophet (peace and blessings of Allaah be upon him), or sent
someone to him, and the Prophet (peace and blessings of Allaah be upon
him) told them to eat it.
Sal’ is a well-known mountain in Madeenah.
It says in Sharh al-Muntaha (3/417) This shows that it
is permissible to eat meat slaughtered by a woman, a slave woman, a
menstruating woman and one who is junub, because the Prophet (peace and
blessings of Allaah be upon him) did not ask for any details about the
woman. End quote.
And Allaah knows best.