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Game Caught by Trained Dogs
5 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 kills it or not." 6 Yahya related to me from Malik that he heard Nafi' say that 'Abdullah ibn 'Umar said, " Whether it eats from it or not." 7 Yahya related to me from Malik that he had heard that Sa'id ibn Abi Waqqas had said, when asked about a trained dog killing game, " Eat, even if only one piece of it remains." 8 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, understand as trained dogs understand, there is no harm in eating what they kill in the course of hunting, if the name of Allah is 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 mouth of a dog 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 mouth of a 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. That is like a Muslim using a Magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shoots 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. Game of the Sea 9 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 'Abd ar-Rahman ibn Abi Hurayra to say that there was no harm in eating it." 10 Yahya related to me from Malik from Zayd ibn Aslam that Sa'id 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." Sa'd said, " I then asked 'Abdullah ibn 'Amr ibn al-'As and he said the same." 11 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. 12 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 added 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, " The water of the sea is pure, and its dead creatures are halal." Malik said, " Since that is eaten dead, it does not matter who has caught it." |
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