Ibn Majah

1؎: 1- According to the majority of scholars, eating the meat of the dhab (monitor lizard) is permissible. Ibn Majah has mentioned several hadiths in this chapter, from which its permissibility is clear. Dhab (monitor lizard) was placed on the table of the Mothers of the Believers (radi Allahu anhunna), along with milk and cheese, and the Prophet (sallallahu alayhi wa sallam) was also present at the table. After the incident in which a Jewish woman had mixed poison in meat and the Messenger of Allah (sallallahu alayhi wa sallam) was affected by it, he would inquire about the items present on the table, and from the perspective of caution, this was a very good practice. The Mothers of the Believers and the noble Companions were aware of this. It should also be noted that the Prophet (sallallahu alayhi wa sallam) was very particular about cleanliness; when Jibril (alayhis salam) would bring the Qur’an, all kinds of cleanliness and purity were required for meeting him. It is also possible that in the region of Hijaz during the Prophet’s (sallallahu alayhi wa sallam) time, dhab (monitor lizard) was not found or was rare, or especially in Makkah among the tribe of Quraysh, eating dhab (monitor lizard) was not customary. Due to its absence or rarity in the region, or because it was generally the food of Bedouins and villagers, when the Prophet (sallallahu alayhi wa sallam) was informed that it was the meat of dhab (monitor lizard), he excused himself from eating it by saying that his nature found it repugnant, that he did not feel inclined to eat it as he had never experienced eating it before, and he sufficed with milk and cheese. The very fact that dhab (monitor lizard) was present on the table means that it was permissible to eat it without dislike in the homes of the Mothers of the Believers and other Companions, and on the Prophet’s (sallallahu alayhi wa sallam) table, Khalid ibn al-Walid ate it with relish. In this way, the Prophet (sallallahu alayhi wa sallam) approved of it, and this is called tacit (taqrir) Sunnah. If dhab (monitor lizard) were forbidden or known to be disliked, no one would have eaten it at that table in the presence of the Prophet (sallallahu alayhi wa sallam), so from this incident, the prohibition of dhab (monitor lizard) does not follow. According to Shafi‘i, Malik, Ahmad, most jurists, and the Ahl al-Hadith, it is permissible, and there are many hadiths proving its permissibility. There is no strong evidence for its prohibition. In Sunan Abi Dawud, it is mentioned that the Prophet (sallallahu alayhi wa sallam) forbade eating dhab (monitor lizard), but its chain is weak. Ibn Majah has mentioned above hadith number 3242. In Bukhari, the words of this hadith are as follows: «الضب لست آكله ولا أحرمه» (5536) (“Dhab—monitor lizard—I neither eat it nor declare it unlawful.”) In Sahih Muslim, there is this detail that a man asked the Prophet (sallallahu alayhi wa sallam) about dhab (monitor lizard), and he gave the previous answer. In one narration, it is also mentioned that this question and answer took place on the pulpit of the Messenger (sallallahu alayhi wa sallam). Also, the hadith of Ibn Abbas (radi Allahu anhuma) which has passed above (3241) also proves the permissibility of eating the meat of dhab (monitor lizard). Hafiz Ibn Hajar, in his commentary on this hadith, says: From this hadith, eating the meat of dhab (monitor lizard) is permissible. Qadi ‘Iyad has transmitted its prohibition from a group, and from the Hanafis, its being disliked (makruh) is transmitted. Nawawi, rejecting this transmission, says: In my opinion, the statement of anyone (regarding its being forbidden or disliked) is neither correct nor established, and even if it is correct, this opinion is outweighed by the explicit texts of permissibility and the consensus of the early generations. Hafiz Ibn Hajar says: Ibn al-Mundhir has transmitted from ‘Ali (radi Allahu anhu) that it is disliked, so in the case of ‘Ali’s (radi Allahu anhu) opposition, how can there be consensus? Also, Imam Tirmidhi has transmitted its being disliked from some scholars. Imam Tahawi, in Ma‘ani al-Athar, says: A group has said that eating the meat of dhab (monitor lizard) is disliked; among them are Abu Hanifah, Abu Yusuf, and Muhammad ibn al-Hasan. He also said: Muhammad ibn al-Hasan has argued from the hadith of ‘A’ishah (radi Allahu anha), in which it is mentioned that dhab (monitor lizard) was brought as a gift to the Prophet (sallallahu alayhi wa sallam), and he did not eat it. A beggar stood up, and ‘A’ishah (radi Allahu anha) wanted to give him the dhab (monitor lizard), so the Messenger of Allah (sallallahu alayhi wa sallam) said to her: “Will you give to the beggar something you yourself do not eat?” Tahawi says: The evidence for dislike in this hadith is not due to the possibility that ‘A’ishah (radi Allahu anha) found the meat of dhab (monitor lizard) repugnant, so the Messenger of Allah (sallallahu alayhi wa sallam) thought that only the best food should be presented to seek Allah’s pleasure, just as he forbade giving inferior dates. ‘Abd al-Rahman ibn Hassana (radi Allahu anhu) narrates that in a certain expedition, the Companions (radi Allahu anhum) with the Prophet (sallallahu alayhi wa sallam) suffered from hunger, and they found some dhab (monitor lizards), so they cooked them. While the pots were still boiling, the Prophet (sallallahu alayhi wa sallam) came to know of it and ordered them to be thrown out. In it, it is also mentioned that the Prophet (sallallahu alayhi wa sallam) said: “A group from Bani Isra’il was transformed and made into creatures that crawl on the earth, so I fear that this dhab (monitor lizard) might be from those transformed creatures, so throw it away.” (This hadith is narrated by Ahmad in his Musnad, and Ibn Hibban has declared it authentic, and Tahawi has also narrated it.) Hafiz Ibn Hajar says: Its chain is according to the conditions of the two Shaykhs (Bukhari and Muslim), except that one narrator, Dahhak, is not narrated from by Bukhari and Muslim. Tahawi has narrated it through another route in which it is mentioned that the Prophet (sallallahu alayhi wa sallam) was informed that people had roasted and eaten dhab (monitor lizard), so he neither ate it nor forbade eating it. From the aforementioned hadiths, in every way, the permissibility of eating the meat of dhab (monitor lizard) is established; the texts in this regard are explicit. As for those hadiths in which the prohibition of eating the meat of dhab (monitor lizard) is mentioned, reconciliation and harmonization between them and the hadiths proving its permissibility will be as follows: When the Prophet (sallallahu alayhi wa sallam) first ordered the cooked pots to be overturned, it was based on the thought that perhaps this was a transformed animal, then later he refrained, neither commanding its consumption nor forbidding it. And when it became clear to him that the progeny of transformed peoples does not remain, he permitted its consumption. After that, due to his own aversion, he neither ate it nor declared it forbidden, and when it was eaten at his table, its permissibility was established. Dislike (karahah) applies to those who find it repugnant, so for them, it will be tanzihi (non-binding) dislike, meaning not eating it is better for them, and for those who do not find it repugnant, the hadiths establish that eating dhab (monitor lizard) is permissible and lawful for them. From this, it does not follow that monitor lizard is absolutely disliked. Imam Tahawi, after narrating the hadiths and reports regarding dhab (monitor lizard), says: From these reports, it is established that there is no harm in eating the meat of dhab (monitor lizard), and I also hold this view. Regarding the above-mentioned hadith of ‘A’ishah (radi Allahu anha), in which she wanted to give the gifted dhab (monitor lizard) to a beggar, and the Messenger of Allah (sallallahu alayhi wa sallam) said, “Will you give to the beggar something you yourself do not eat?”—about this, Imam Tahawi says that Muhammad ibn al-Hasan has used this as evidence for his companions. Muhammad ibn al-Hasan says that this hadith indicates that the Messenger of Allah (sallallahu alayhi wa sallam) considered it disliked for himself and for others. Imam Tahawi, critiquing this, says that in this incident, there is the possibility that it is of the type of the noble verse: «ولستم بآخذيه إلا أن تغمضوا فيه» (Surah al-Baqarah: 267), then he mentioned the hadiths regarding the dislike of giving inferior dates in charity, and narrated the hadith of Bara’ ibn ‘Azib (radi Allahu anhuma) that people used to prefer to give their worst dates in charity, so the noble verse: «أنفقوا من طيبات ما كسبتم» (Surah al-Baqarah: 267) was revealed. Therefore, the Prophet (sallallahu alayhi wa sallam) disliked that ‘A’ishah give dhab (monitor lizard) in charity, not because it was forbidden. Hafiz Ibn Hajar says: This statement indicates that Tahawi considered the dislike according to Muhammad ibn al-Hasan to be tahrimi (prohibitive), whereas it is well known that the majority of Hanafis hold it to be tanzihi (non-binding) dislike. Some people incline towards prohibition, and their reasoning is that “the hadiths are conflicting, and it is difficult to know which came first and which came later, so we have given preference to prohibition.” Hafiz Ibn Hajar says: The claim of those who hold prohibition, that it is difficult to know which is earlier and which is later, is invalid in light of the previous hadiths. (For details, see: Fath al-Bari, Sharh Sahih al-Bukhari, hadith no. 5537), (also: al-Muhalla by Ibn Hazm 6/112, issue no. 1032, and al-Mawsu‘ah al-Fiqhiyyah al-Kuwaitiyyah 5/142, Tawdhih al-Ahkam by al-Bassam) (compiled by al-Fariwai).