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Translation of Malik's Muwatta, Book 25:
Game
Courtesy of ISL
Software, makers of the WinAlim
Islamic database.
Section: Eating Game Killed with Throwing Sticks and by Stones
Book 25, Number 25.1.1:
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."
Book 25, Number 25.1.2:
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.
Book 25, Number 25.1.3:
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."
Book 25, Number 25.1.4:
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.
Book 25, Number 25.1.5:
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.
Section: Game Caught by Trained Dogs
Book 25, Number 25.2.5a:
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."
Book 25, Number 25.2.6:
Yahya related to me from Malik that he heard Nafi say that Abdullah
ibn Umar said, "Whether it eats from it or not."
Book 25, Number 25.2.7:
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."
Book 25, Number 25.2.8:
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,
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.
Section: Game of the Sea
Book 25, Number 25.3.9:
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 Abdar-Rahman Ibn Abi
Hurayra to say that there was no harm in eating it."
Book 25, Number 25.3.10:
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."
Book 25, Number 25.3.11:
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.
Book 25, Number 25.3.12:
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 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
Book 25, Number 25.4.13:
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 "
Book 25, Number 25.4.14:
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
Book 25, Number 25.5.15:
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."
Section: Using the Skin of Animals Found Dead
Book 25, Number 25.6.16:
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.' "
Book 25, Number 25.6.17:
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."
Book 25, Number 25.6.18:
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
Book 25, Number 25.7.19:
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."
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