Fath al-Rabbani

Benefits: … The complete verse is: {اُحِلَّ لَکُمْ صَیْدُ الْبَحْرِ وَطَعَامُہٗمَتَاعًالَّکُمْوَلِلسَّیَّارَۃِ وَحُرِّمَ عَلَیْکُمْ صَیْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَّاتَّقُوْا اللّٰہَ الَّذِیْ اِلَیْہِ تُحْشَرُوْنَ۔} … “The game of the sea and its food has been made lawful for you, as a provision for you and for travelers, but the game of the land has been forbidden to you as long as you are in the state of ihram. And fear Allah, to Whom you will be gathered.” (Surah al-Ma’idah: 96) There is consensus among the scholars that it is permissible for a muhrim (one in the state of ihram) to hunt sea game, to eat it, and to buy and sell it. By “sea game” is meant those animals that can only live in water, such as fish. The meaning of sea game is those animals that live only in water; therefore, if a muhrim finds such an animal in wells or ponds, he may hunt it. It is narrated from Sayyiduna Abu Hurairah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: ((Al-jaradu min sayd al-bahr.)) … “The locust is from the game of the sea.” (Abu Dawud: 1853, its chain is hasan, Maymun bin Jaban’s hadith is not below the level of hasan) From this hadith it is understood that a muhrim may also hunt locusts. The Prophet sallallahu alayhi wa sallam may have considered this animal as sea game in the sense that the ruling regarding its dead body is like that of fish. And Allah knows best what is correct.