58. THE BOOK OF FOOD
Food is essentially permissible. Clean foods that are not harmful consisting of grains and fresh produce and others can be eaten. Things that are najis such as dead carcasses and blood are not permissible to be eaten. Similarly, that which is harmful like poison and the like should not be consumed. All land animals are permissible to be eaten except the donkey and animals that have tusks and canines which can tear flesh excluding the hyena. Examples are the elephant, lion, tiger, wolf, dog, pig, jackal, weasel, tomcat, ferret, monkey and bear. Birds that have talons which are used to hunt like the eagle, falcon, hawk, Indian falcon, sparrow hawk, kite and owl are not permissible to be eaten either.
“Book of Food”: That is, explaining the different types of food that are permissible for consumption and those which are not. The word al-at’imah (plural of ta’am) here refers to both foodstuff and drinks.
“Food is essentially permissible”: As mentioned by Allah in the following ayah: {It is He who created for you all of that which is on the earth.} (Al-Baqarah: 29)
“Clean foods”: As opposed to dirty food which is not permissible for consumption. Allah says: {And makes lawful for them the good things and prohibits for them the evil.} (Al-A’raf: 157)
“That is not harmful”: To protect oneself from consuming poisonous substances and other materials that can normally kill. Therefore, food that is allowed must have two factors: (i) it must be clean and (ii) it must not be harmful.
“Consisting of grains and fresh produce and others”: I.e. clean and nutritious types of food.
“Things that are najis such as dead carcasses and blood are not permissible to be eaten”: This is because Allah says: {Prohibited to you are dead animals and blood.} (Al-Maidah: 3)
“Similarly, that which is harmful like poison and the like should not be consumed”: As mentioned in the ayah: {And do not throw [yourselves] with your [own] hands into destruction.} (Al-Baqarah: 195)
“All land animals are permissible to be eaten except the donkey”: Based on the hadith transmitted by Jabir that the Prophet(pbuh) forbade the consumption of donkey meat and allowed the consumption of horse meat on the day of Khaybar. (Reported by al-Bukhari (5/173), (7/123), Muslim (6/65), Ahmad (3/361, 385) and Abu Dawud (3788).)
“And animals that have tusks and canines which can tear flesh”: To rip apart the prey. This is based on the hadith transmitted by Tha’labah al-Khashani who said, “The Messenger of Allah(pbuh) forbade us from eating any predatory animal that had a canine or tusk.” (Reported by al-Bukhari (7/124,181), Muslim (6/59, 60) and Ahmad (4/193,194).)
“Excluding the hyena”: The hyena is permissible for consumption even though it tears flesh with its canine teeth. This is based on the hadith transmitted by Jabir, “The Messenger of Allah(pbuh) ordered us to eat the hyena.”
“Examples are the elephant, lion, tiger, wolf, dog, pig, jackal, weasel, tomcat, ferret, monkey and bear”: These are examples of animals with tusks and canine teeth which cannot be consumed based on the hadith mentioned previously.
“Birds that have talons which are used to hunt”: Based on the hadith transmitted by Ibn ‘Abbas: “The Messenger of Allah(pbuh) forbade us from eating any predatory animal that has canine teeth and any bird that has talons.” (Reported by Abu Dawud (3803))
“Like the eagle, falcon, hawk, Indian falcon, sparrow hawk, kite and owl”: These are examples of birds that have talons which are not permissible for consumption.
And that which eats carrion like the vulture, stork, magpie and raven— a greyish black bird which is smaller than the crow— and those which are unpleasant like the hedgehog, porcupine, rat, snake, all insects, bat and an animal born from a type that can be consumed and an animal that cannot be consumed, such as the mule.
“And which eats carrion”: This is in reference to the kinds of birds which are forbidden for consumption.
“And that which eats carrion like the vulture, stork, magpie and raven— a greyish black bird which is smaller than the crow”: These are examples of birds that are forbidden for consumption as they feed on carrion. This prohibition is based on the hadith where the Prophet(pbuh) said, “Five things are fawasiq:” (Reported by Muslim (4/17), Ahmad (6/97,203), al-Tirmidhi (837) and Ibn Majah (3087) from the narration of ‘Aishah. the full form of the hadith is, “Five fawasiq should be killed in the sacred precinct or otherwise: the snake, spotted crow, rat, rabid dog and the kite.”) He went on to name the crow, which eats carrion. Hence, other carrion-eating birds are also not permissible for consumption.
“And those which are unpleasant like the hedgehog, porcupine, rat, snake, all insects, bat and an animal born from a type that can be consumed and an animal that cannot be consumed, such as the mule”: These are all forbidden based on the verse: {Prohibits for them the evil.} (Al-A’raf: 157)
A mule is cross-bred between a horse and a donkey. A predatory animal is cross-breed between a wolf and a hyena.
Benefits: The following land animals are forbidden for consumption:
First: Animals for which there is clear evidence for its prohibition, for example the donkey and the pig.
Second: All predatory animals that have canine teeth and tusks with which they pierce flesh.
Third: All birds that have talons that tear flesh.
Fourth: Carrion-eating animals.
Fifth: A cross-bred animal born between a consumable animal and another which is not.
The sixth category contains the rest of animals prescribed in the Shari’ah to be killed or forbidden to be killed.
SECTION
Apart from these, all other animals are halal like the horse, grazing livestock, chicken, wild onager, cow, gazelle, ostrich, rabbit and all other wild animals. All sea animals can be consumed except the frog, crocodile and sea snake. If one is compelled to eat an animal which is not permissible for consumption, he may do so just to keep himself alive— except poisonous substances. He who is compelled to benefit from the property of someone else without much wear and tear so as to keep himself warm from the cold, collect rain water or the like, then the owner must allow him to benefit from it for free. He who comes across a garden with a fruit tree that is neither guarded nor fenced may pluck it from the tree or pick it up if it has fallen down and eat it for free. However, he must not bring any fruit with him. It is wajib to host a Muslim guest who is travelling through villages for one day and one night.
“Section”: This section gives further explanation regarding which animals are halal and haram. It elaborates upon the rules for consuming haram when in a predicament. It also lays out the rules pertaining to hosting the guest.
“Apart from these”: I.e. the animals that were mentioned earlier as haram for consumption.
“All other animals are halal”: As they maintain the essential aspect of food, which is permissibility.
“Like the horse”: As the Prophet(pbuh) allowed its meat to be eaten based on the sahih hadith that is muttafaqun alayhi (reported by al-Bukhari and Muslim). (Reported by al-Bukhari (5/173), (7/123) and Muslim (6/65) from the narration of Jabir which was referenced earlier.)
“Grazing livestock”: Consisting of camels, cows and sheep as Allah says: {Lawful for you are the animals of grazing livestock.} (Al-Ma’idah: 1)
“Chicken, wild onager, cow”: The cow being referred to here is the wild type.
“Gazelle, ostrich”: The ostrich is a bird that has physical similarities to a camel.
“Rabbit and all other wild animals”: As they fall under the category of animals that are good for consumption as in the ayah: {And makes lawful for them the good things and prohibits for them the evil.} (Al-A’raf: 157)
“All sea animals can be consumed”: As mentioned by Allah in the ayah: {Lawful to you is game from the sea.} (Al-Ma’idah: 96)
“Except the frog”: As it is unpleasant. The Prophet(pbuh) forbade its killing and using it as medicine.
“Crocodile”: As it has teeth that rip flesh and they are man-eaters.
“And sea snake”: As it is from the unpleasant animals.
“If one is compelled to eat an animal which is not permissible for consumption”: One who fears that he will perish if he does not eat. An example is when he eats a dead carcass in starvation.
“He may do so”: It is permissible for him in that critical scenario except for poisonous substances.
“Just to keep himself alive”: To maintain his energy and avoid death. Allah says: {But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him.} (Al-Baqarah: 173)
“Except poison”: Poison is impermissible in all conditions.
“He who is compelled to benefit from the property of someone else without much wear and tear so as to keep himself warm from the cold”: Like a shirt he wears to keep warm.
“Collect rainwater”: Using a rope or bucket to collect it so as to quench his thirst.
“Or the like”: For example, an axe, pot, sieve or a pin.
“Then the owner must allow him to benefit from it for free”: In view of his predicament without asking for any compensation. Allah rebukes those who refuse to do so with the words: {And withhold [simple] assistance.} (Al-Ma’un: 7)
“He who comes across a garden with a fruit tree that is neither guarded nor fenced may pluck it from the tree or pick it up if it has fallen down”: There is no guard watching over it and it is not fenced.
“And eat it for free. However, he must not bring any fruit with him”: Three conditions must be satisfied:
First: The fruits must not have been gathered after harvest [by the owner.]
Second: The garden or orchard should not have a fence around its perimeter nor should there be a watchman guarding it.
Third: He should not bring any fruit with him when he walks away.
“It is wajib to host a Muslim guest who is travelling through, villages for one day and one night”: To host a guest is wajib when three criteria are met:
First: The guest must be a Muslim.
Second: Hosting the guest takes place in a non-urban setting.
Third: The duration is one day and one night.
By Shaykh Salih ibn Fawzan al-Fawzan
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