Ibn Majah

Benefits and Issues:
➊ Any type of fish is lawful (halal) even without slaughtering. Some scholars have made a distinction, saying that if it dies in such-and-such a way it is lawful, and if it dies in another way it is unlawful, but there is no evidence for this distinction.

➋ Regarding other sea creatures besides fish, Imam al-Bukhari has mentioned the statements of the Companions (radi Allahu anhum) and the Followers (tabi‘in) that they are all included under the same ruling as fish. ‘Ata’ has made an exception for aquatic birds and has said that they should be slaughtered. See: (Sahih al-Bukhari, The Book of Slaughtering and Hunting, Chapter: The Statement of Allah the Exalted:
﴿أُحِلَّ لَكُم صَيدُ البَحرِ‌ وَطَعامُهُ مَتاعًا لَكُم﴾ [“Lawful to you is the game of the sea and its food as provision for you”] before hadith: 5493)

➌ The liver and spleen are also considered blood, even though they are congealed. And Allah knows best.

Benefits and Issues:
➊ A fish cannot remain alive for long after being taken out of water; therefore, Allah, out of mercy for His servants, has not made the condition of slaughtering (dhabh) necessary for it. Thus, it is lawful (halal) without slaughter.

➋ Every type of fish is lawful, whether it is from rivers, canals, and streams, or a large-bodied fish from the sea.

➌ By “locust” is meant that type of insect which sometimes comes together in swarms, flying in groups, and whichever field or crop they settle upon, they consume it entirely, even eating the leaves of trees. In Punjabi, it is called “makri.” In Urdu, its large swarm is called “tiddi dal.” The Arabs eat it roasted.

Benefits and Issues:
➊ The author rahimahullah has mentioned this narration in this chapter to clarify that if a fish or a locust dies in water—regardless of whether the amount of water is little or much—that water does not become impure or filthy. In the chain of this narration is ‘Abdur Rahman bin Zayd bin Aslam, who narrates from his father, and he from ‘Abdullah bin ‘Umar radi Allahu anhuma. Imam Ahmad rahimahullah says that the hadith narrated from ‘Abdur Rahman is munkar (rejected), and the correct view is that it is mawquf (stopped at the Companion), as stated by Imam Abu Zur‘ah and Abu Hatim rahimahullah.
Imam al-Bayhaqi rahimahullah has said that this hadith has been narrated as marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam) by the children of Zayd bin Aslam, namely ‘Abdullah, ‘Abdur Rahman, and Usamah, and Ibn Ma‘in has declared all of them (the children of Zayd bin Aslam) to be weak, although Imam Ahmad bin Hanbal rahimahullah considers ‘Abdullah among them to be trustworthy.

➋ Although the correct view is that the chain of this hadith is mawquf, it is considered hukman marfu‘ (effectively attributed to the Prophet sallallahu alayhi wa sallam), because when a Companion says «أُحِلَّتْ لَنَا» or «حُرَّمَ عَلَيْنَا», it is accepted as hukman marfu‘, just as saying «أمِرْنَا» or «نُهِيْنَا» is considered to have the ruling of marfu‘.

➌ This hadith is evidence that the locust is lawful (halal) in all circumstances, whether it dies a natural death or due to some other cause (and this does not refer to the locusts commonly found in homes). Imam Malik rahimahullah has given the verdict that if a locust dies due to being caught by a person or by having its head cut off, it is halal; otherwise, it is haram. The mentioned hadith refutes Imam Malik’s verdict. The same ruling applies to fish, whether it dies after being caught or is thrown out by the waves of the sea and dies—both cases are halal.

➍ According to the Hanafis, if a fish dies due to being caught, thrown out of the river, or any other cause, it is halal; but if it dies by itself or is killed by another animal, it is not halal but haram. This hadith is also contrary to the Hanafi view. The narration from Abu Dawud upon which the Hanafis have based their inference has been declared weak by the hadith scholars; therefore, it is not correct to condition the lawfulness of locusts and fish upon any stipulation.

➎ From this hadith, it is understood that both fish and locusts are halal, whether they die naturally or are killed by some means; both are excluded from the general ruling of carrion, and their slaughter is not legislated.