Fath al-Rabbani

Benefits: … Generally, because seawater is salty and briny, it is different from other waters, which is why the questioner was in doubt. The Prophet sallallahu alayhi wa sallam removed his doubt and, according to his need, also clarified the permissibility of the dead creatures of the sea. From this, it is understood that a mufti and a scholar should be so perceptive that he can understand the purpose of the questioner’s inquiry and its related matters. When the Prophet sallallahu alayhi wa sallam saw that the person who was doubtful about seawater would inevitably also be hesitant about the dead creatures of the sea, he sallallahu alayhi wa sallam therefore clarified the ruling regarding the dead creatures as well. This is among the virtues of giving fatwa.

This hadith also indicates that all sea creatures, which can only live in water, are lawful (halal). This is the opinion of Imam Malik, Imam Shafi’i, and Imam Ahmad, and this is the preferred view, because in this hadith the noble statement of the Prophet sallallahu alayhi wa sallam is general, which includes every sea creature. Furthermore, the statement of Allah, the Exalted, is: {اُحِلَّ لَکُمْ صَیْدُ الْبَحْرِ وَطَعَامُہٗ مَتَاعًا لَّکُمْ وَلِلسَّیَّارَۃِ} … “The game of the sea and its food have been made lawful for you.” (Surah al-Ma’idah: 96) However, Imam Abu Hanifah considers only the dead fish to be lawful.