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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."
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 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.' "
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 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."
Traductions
🇸🇦 Arabic
كتاب الصيد — الموطأ
