كتاب الصيدGame

ahya related to me from Malik that Nafi said, "I was at al-Juruf

(near Madina) and threw a stone at two birds, and hit them. One of

them died, and Abdullah ibn Umar threw it away, and then went to

slaughter the other one with an adze. It died before he could

slaughter it, so Abdullah threw that one away as well."

Yahya related to me from Malik that he had heard that al-Qasim

ibn Muhammad disapproved of eating game that had been killed with

throwing sticks and by clay pellets.

Yahya related to me from Malik that he had heard that Said ibn

al-Musayyab disapproved of killing domestic animals that had become

wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is

pierced by a throwing stick in a vital organ.

Allah, the

Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try

you with something of the game that your hands and spears attain.' "

(Sura 5 ayat 97).

Yahya said, "Any game that man obtains by

his hand or by his spear or by any weapon which pierces it and reaches

a vital organ, is acceptable as Allah, the Exalted, has said."

Yahya related to me from Malik that he had heard the people of

knowledge say that when a man hit game and something else might have

contributed to death, like water or an untrained dog, that game was

not to be eaten unless it was beyond doubt that it was the arrow of

the hunter that had killed it by reaching a vital organ, so that it

did not have any life after that.

Yahya said that he heard Malik say that there was no harm in

eating game when you did not see it die if you found the mark of your

dog on it or your arrow in it as long as it had not remained

overnight. If it had remained overnight, then it was disapproved of to

eat it.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar

said about a trained dog, "Eat whatever it catches for you whether it

eats from it or not."

Yahya related to me from Malik that he heard Nafi say that

Abdullah ibn Umar said, "Whether it eats from it or not."

Yahya related to me from Malik that he had heard that Sad ibn Abi

Waqqas had said, when asked about a trained dog killing game, "Eat,

even if only one piece of it remains."

Yahya related to me from Malik that he had heard some of the

people of knowledge say that when falcons, eagles, and hawks and their

like, understood as trained dogs understood, there was no harm in

eating what they had killed in the course of hunting, if the name of

Allah had been mentioned when they were sent out.

Malik said,

"The best of what I have heard about retrieving game from the falcon's

talons or from the dog's fangs and then waiting until it dies, is that

it is not halal to eat it."

Malik said, "The same applies to

anything which could have been slaughtered by the hunter when it was

in the talons of the falcon or the fangs of the dog. If the hunter

leaves it until the falcon or dog has killed it, it is not halal to

eat it either". He continued, "The same thing applies to any game hit

by a hunter and caught while still alive, which he neglects to

slaughter before it dies."

Malik said, "It is generally

agreed among us that it is halal to eat the game that a hunting-dog

belonging to magians hunts or kills, if it is sent out by a muslim and

the animal is trained. There is no harm in it even if the muslim does

not actually slaughter it.

It is the same as a muslim using a

magian's knife to slaughter with or using his bow and arrows to shoot

and kill with. The game he shot and the animal he slaughters are

halal. There is no harm in eating them. If a magian sends out a

muslim's hunting dog for game, and it catches it, the game is not to

be eaten unless it is slaughtered by a muslim. That is like a magian

using a muslim's bow and arrow to hunt game with, or like his using a

muslim's knife to slaughter with. It is not halal to eat anything

killed like that.

Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn

Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by

the sea and he forbade him to eat it. Then Abdullah turned and asked

for a Qur'an, and read, "The game of the sea and its flesh are halal

for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn

Abi Hurayra to say that there was no harm in eating it."

Yahya related to me from Malik from Zayd ibn Aslam that Sad al-

Jari, the mawla of Umar ibn al-Khattab asked Abdullah ibn Umar about

fish which had killed each other or which had died from severe cold .

He said, "There is no harm in eating them.'' Sad said,' 'I then asked

Abdullah ibn Amr ibn al As and he said the same."

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama

ibn Abd ar-Rahman from Abu Hurayra and Zayd ibn Thabit that they saw

no harm in eating what was cast up by the sea.

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama

ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al-

Hakam and asked him about eating what was cast up by the sea. He said,

"There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit

and Abu Hurayra and ask them about it, then come to me and tell me

what they say." They went to them and asked them, and they both said,

"There is no harm in eating it " They returned to Marwan and told him.

Marwan said, "I told you."

Malik said that there was no harm

in eating fish caught by magians, because the Messenger of Allah, may

Allah bless him and grant him peace, said, "In the sea's water is

purity, and that which is dead in it is halal. "

Malik said,

"If it is eaten when it is dead, there is no harm in who catches it."

Yahya related to me from Malik from Ibn Shibab from Abu Idris al-

Khawlani from Abu Tha~laba al-Khushani that the Messenger of Allah,

may Allah bless him and grant him peace, said, "It is haram to eat

animals with fangs "

Yahya related to me from Malik from Ismail ibn Abi Hakim from

Abiyda ibn Sufyan al-Hadrami from Abu Hurayra that the Messenger of

Allah, may Allah bless him and grant him peace, said, "Eating animals

with fangs is haram. "

Malik said, "This is the custom among

us."

Yahya related to me from Malik that the best of what he had heard

about horses, mules, and donkeys was that they were not eaten because

Allah, the Blessed, the Exalted,said, "And horses, and mules and

asses, for you to ride, and as an adornment. " (Sura 16 ayat 8) . He

said, may He be Blessed and Exalted, "In cattle, some of them you

ride, and some of them you eat." (Sura 6 ayat 79). He said, the

Blessed, the Exalted, "Mention Allah's name over what He has provided

you of cattle, and eat of them and feed the beggar (al-qani) and the

suppliant (al-mutarr). (Sura 22 ayat 34).

Malik said "Allah

mentioned horses, mules, and donkeys for riding and adornment, and He

mentioned cattle for riding and eating."

Malik said, "Al-qani

also means the poor."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah

ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "The

Messenger of Allah, may Allah bless him and grant him peace, passed by

a dead sheep which had been given to a mawla of his wife, Maimuna. He

said, ' Aren't you going to use its skin?' They said, 'Messenger of

Allah, but it is carrion. 'The Messenger of Allah, may Allah bless him

and grant him peace, said, 'Only eating it is haram.' "

Malik related to me from Zayd ibn Aslam from Ibn Wala al-Misri

from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless

him and grant him peace, said, "A skin when it is tanned is pure."

Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt

from Muhammad ibn Abd ar-Rahman ibn Thawban from his mother that

A'isha, the wife of the Prophet, may Allah bless him and grant him

peace, said that the Messenger of Allah, may Allah bless him and grant

him peace, ordered that the skins of carrion be used after they had

been tanned.

Yahya related to me from Malik that the best of what he had heard

about a man who is forced by necessity to eat carrion is that he ate

it until he was full and then he took provision from it. If he found

something which would enable him to dispense with it, he threw it

away.

Malik when asked whether or not a man who had been

forced by necessity to eat carrion, should eat it when he also found

the fruit, crops or sheep of a people in that place, answered, "If he

thinks that the owners of the fruit, crops, or sheep will believe his

necessity so that he will not be deemed a thief and have his hand cut

off, then I think that he should eat from whatever he finds that which

will remove his hunger but he should not carry any of it away. I

prefer that he does that than that he eat carrion. If he fears that he

will not be believed, and will be deemed a thief for what he has

taken, then I think that it is better for him to eat the carrion, and

he has leeway to eat carrion in this respect. Even so, I fear that

someone who is not forced by necessity to eat carrion might exceed the

limits out of a desire to consume other peoples' property, crops or

fruit."

Malik said, "That is the best of what I have heard."