Nasai

1؎: «ضبع»: It is a wild beast, larger and stronger than a dog, with a big head and strong jaws. Its plural is «اضبع» (al-Mu‘jam al-Wasīt: 533-534). In the Indian subcontinent, this beast is called “lakkar bagha” (hyena), which is a type of wild animal similar to a wolf, but larger in size, with large canine teeth. The hair on its body is black and ash-colored with stripes. Its left hind leg is smaller than the other leg. Its head is like that of a leopard, but smaller. With its broad, strong jaws, it can break the heads of lions and leopards. It usually comes out at night and lives with its group. This animal digs burrows in the ground, making various small rooms, with a central hall to which all the rooms have doors, and one door leads from this hall to the outside. In Najd, this dwelling is called «مضبعہ» or «مجفرہ». The mother is the caretaker of the whole family and manages their food and drink, while the male guards the young at the edge of the burrow. This animal eats carrion but never hunts nor attacks anyone unless attacked itself. It stays behind other animals. Its neck is straight, so it cannot turn right or left without turning its whole body. Among the people of Najd, this animal was eaten and hunted. I asked my friend Dr. Muhammad Ahmad al-Munai‘, Professor at King Saud University, Riyadh, who teaches at the College of Agriculture and Food and has personal experience with desert animals, about this animal. He informed me of the above details and even drew a diagram of its underground home. Its home can also be described as a den or cave. This detail is recorded here because Maulana Waheeduz-Zaman translated «ضبع» as “badger,” saying: In Persian it is called “kaftar” and in Hindi “bajo”; it is a carnivorous animal that lives in burrows. Maulana Muhammad Abdah al-Falah Ferozepuri says that «ضبع» does not refer to the badger, but to a type of animal that is hunted and called “lakkar bagha,” which is found in the former states of Sindh and Bahawalpur. From the above details, it is clear that the “ḍab‘” mentioned in the hadith refers to the hyena, not the badger. Perhaps Maulana Waheeduz-Zaman had before him al-Damiri’s Hayat al-Hayawan, in which «ضبع» is defined as a badger, and Shaykh Salih al-Fawzan also wrote the same, quoting from Hayat al-Hayawan. Maulana Waheeduz-Zaman says about the badger: “It is clear from this that the badger is lawful (halal). This is the view of Imam Shafi‘i, and Abu Hanifah says that it is a predatory animal with canine teeth, so it will be unlawful (haram) like other predators. And when there is a conflict between permissibility and prohibition, abstaining is precaution.” In light of the above details, in our region, the hyena is the correct referent of «ضبع», and hunting and eating it is permissible in light of authentic hadith. It should be noted that animals that tear with their fangs are unlawful, i.e., those with canine teeth with which they tear, such as: dog, cat (which are considered domestic or pet animals), and wild animals such as: lion, wolf, leopard, panther, fox, wild cat, squirrel, bear, monkey, elephant, sable (similar to a mongoose but somewhat larger and reddish-black in color), jackal, etc. According to the Hanafis, Shafi‘is, and Hanbalis, all these animals are unlawful, and one opinion of the Malikis is also the same. The hyena and fox are lawful according to Abu Yusuf and Muhammad ibn al-Hasan. The majority of scholars present as evidence for the prohibition of these animals the hadith of Abu Hurayrah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “The flesh of every predatory animal with canine teeth is unlawful” (Sahih Muslim and Muwatta’ Imam Malik). The hyena is lawful according to the Hanbalis based on authentic hadith. Those who make an exception for the hyena from the ruling of prohibition among predatory animals with canine teeth base their argument on the hadiths and reports in this regard, among which is the present hadith of Jabir radi Allahu anhu, which is authentic; in fact, Imam Bukhari also declared it authentic (as in al-Talkhis al-Habir 4/152). It is narrated from Nafi‘, the freed slave of Ibn ‘Umar, that a man informed Ibn ‘Umar that Sa‘d ibn Abi Waqqas ate hyena, and Ibn ‘Umar did not object to this. According to the Malikis, eating these predatory animals is lawful. Their evidence is this noble verse: «قل لا أجد في ما أوحي إلي محرما على طاعم يطعمه إلا أن يكون ميتة أو دما مسفوحا أو لحم خنزير فإنه رجس أو فسقا أهل لغير الله به فمن اضطر غير باغ ولا عاد فإن ربك غفور رحيم» (Surah al-An‘am: 145). In these verses, the flesh of predatory animals is not mentioned, so they will be lawful, and the hadith prohibiting the flesh of every predatory animal with canine teeth will be interpreted as indicating dislike (karahah). In summary, except for the Malikis, only in the Hanbali school is the hyena lawful based on authentic hadith (see: al-Mawsu‘ah al-Fiqhiyyah al-Kuwaitiyyah: 5/133-134).