Tirmidhi

(1) The badger is not a carrion-eater. If it were a carrion-eater, there would be no hesitation in declaring it unlawful. Since it is a lawful animal, as is established from the aforementioned hadith, it therefore falls under the category of game. Hunting is forbidden for a person in the state of ihram (muhrim), thus he cannot kill the badger. If he does kill it, he will have to pay its compensation, the details of which will be mentioned ahead, in sha Allah.

(2) There is consensus among all that a muhrim cannot kill or hunt the badger; however, there is a difference of opinion regarding its lawfulness (halal status). Imam Shafi'i and Imam Ahmad rahimahum Allah consider its consumption lawful. Other scholars have declared it unlawful, arguing that it is a "dhunab" (an animal with canine teeth). However, perhaps they overlooked the fact that here the literal meaning of "dhunab" is not intended; rather, by "dhunab" is meant a predatory animal, such as a dog, lion, leopard, etc., and the badger, by consensus, is not a predator. The presence of canine teeth is not a cause for prohibition. What harm is there in such canine teeth that are not used for hunting? (The details, in sha Allah, will be explained ahead.)

(3) From this hadith, it is implicitly understood that a muhrim cannot hunt any animal that is eaten or that is hunted for some benefit. If he does hunt it, he will have to pay compensation.

Benefits and Issues:
➊
From this hadith, it is understood that eating hyena is lawful (halal),
because the Prophet (sallallahu alayhi wa sallam) considered it game (hunting prey),
meaning it is among those animals whose hunting and consumption is permissible.

➋
Secondly, it is understood that if a person in the state of ihram (ritual consecration) hunts any animal, then it is obligatory for him to pay a ransom (fidya) equivalent to that animal.
And this equivalence will be determined according to the apparent physical build (height and stature),
not according to monetary value—for example, the hyena and the ram are similar to each other in terms of physical size.

➌
The hyena is also a beast with fangs (dhu-nab).
And every predatory animal with fangs, according to the hadith, is unlawful (haram).
Then why has it been declared lawful (halal) in this hadith?
Imam Khattabi (rahimahullah) has answered that the generality of “kullu dhi nabin min as-siba‘” (“every beast with fangs among the predators”) has been specified (made an exception) in this case.
And Imam Ibn al-Qayyim (rahimahullah) has said that although the hyena (dhi‘b) is indeed a predator, there are two reasons for the prohibition of every predatory animal:
one is having fangs, and the other is being habitually predatory, and the characteristic of being predatory is more important and specific than merely having fangs.
This is because eating animals that possess both characteristics imparts a predatory nature to the eater as well,
such as the lion,
the fox,
and others.
The hyena, although it has fangs,
does not possess that predatory strength which is found in the aforementioned animals; therefore, it has been declared lawful (halal).
And Allah knows best.
(For details, see ‘Awn al-Ma‘bud)

Benefits and Issues:

➊
It is forbidden to hunt wild animals while in the state of ihram, whereas within the boundaries of the Haram, hunting is forbidden for everyone, whether one is in the state of ihram or not.

➋
Allah the Exalted has said:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنتُمْ حُرُمٌ ۚ وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا﴾ (al-Ma’idah 5:95)
“O you who believe! Do not kill game while you are in the state of ihram. And whoever among you kills it intentionally, then the penalty is an offering equivalent to what he killed, from the cattle, as judged by two just men among you, to be delivered as an offering to the Ka‘bah, or as an expiation, feeding the poor, or its equivalent in fasting.”

➋
The animal equivalent to a hyena (lakarbhaga) among sacrificial animals is a ram.

➌
In the Noble Qur’an, it is commanded to sacrifice an animal equivalent (in likeness) to the hunted animal. What is meant by this is equivalence in stature and form. For example: for a deer, a goat is to be delivered to Makkah, and for a cow, a cow is to be delivered to Makkah. (For further details, see: Tafsir Ahsan al-Bayan by Hafiz Salahuddin Yusuf, Surah al-Ma’idah, verse: 95)

Benefits and Issues:
➊ The hyena is a wild animal, which is also called "lagar bagar" (in Urdu). It is lawful (halal).

➋ Some individuals have translated "dab‘" as "badger," which is not correct. For further details, see: (Sunan Abu Dawood (Urdu), Darussalam edition, Hadith: 3801)

(1) From the aforementioned hadith, it is understood that the hyena is considered game; therefore, if a person in the state of ihram hunts it, he will have to give its equivalent, that is, a ram, as expiation (fidyah).

(2) Among the predecessors (aslaf), this conscious mindset was prevalent that they would always seek evidence in order to obtain a reasoned and firm answer to their questions. As Ibn Abu ‘Ammar asked Jabir radi Allahu anhu, “Did you hear this from the Messenger of Allah sallallahu alayhi wa sallam?” And he replied, “Yes! I heard it from the Messenger of Allah sallallahu alayhi wa sallam.”

(3) Evidence can be requested even from the greatest of scholars.

(4) Requesting evidence is not an insult to the scholar, nor should he consider it an insult to himself; rather, he should gladly present the evidence.

Takhrij:
««إسناد صحيح» Narrated by Abu Dawud, Book of Foods, Chapter on Eating Hyena, Hadith: 3801; and al-Tirmidhi, Book of Foods, Hadith: 1791; and al-Nasa’i, Book of Hunting, Hadith: 4328; and Ibn Majah, Book of Hunting, Hadith: 3236; and Ahmad: 3/318, 322.»©

Explanation: ©

Hadith Narrator:
«ابن ابی عمار» His name is Abdur Rahman bin Abdullah bin Abi ‘Ammar al-Qurashi al-Makki.
Due to his abundance of worship, his title was Qass, meaning monk.
Imam al-Nasa’i rahimahullah declared him trustworthy (thiqah).