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 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."
Section: Prohibition Against Eating Animals with Fangs
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."
Section: What is Disapproved of Regarding Eating Riding
Animals
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."
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.
Section: Eating Carrion when Forced to, out of Necessity
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."