Surah Al-Maaida (5) — Ayah 96

(Ayah 96)➊ {اُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ …:} By {’’ الْبَحْرِ ‘‘} is meant water; in this, both sea and non-sea water are equal, and it includes all those animals that cannot live outside water, whether it is a fish or any other animal. If they are caught alive, there is no need for slaughter. In the Qur'an and Hadith, hunting from water has been declared lawful, and in no authentic hadith is it stated that everything except fish is forbidden. By {’’ صَيْدُ الْبَحْرِ ‘‘} is meant every animal from water that is caught alive, and by {’’ طَعَامُ ‘‘} is meant the animal from water that dies there and the sea or river throws it out, or it comes to the surface of the water after dying. This explanation has also come from the Prophet (peace be upon him). Ibn Jarir (may Allah have mercy on him) has narrated this statement of the Prophet (peace be upon him): [طَعَامُهُ مَا لَفَظَهُ الْبَحْرُ مَيْتًا ] That is, in this verse, by {’’ طَعَامُ ‘‘} is meant the animal that the sea throws onto the shore in a dead state. The author of "Hidayat al-Mustaneer" has declared it Hasan. Ibn Jarir has narrated this meaning from many Companions. Some people have declared only fish lawful and all other water animals forbidden, and that too only those caught alive; if it comes to the surface of the water after dying, they declare it forbidden. Both these things are not correct, because they are against this verse. The Companions (may Allah be pleased with them) asked the Prophet (peace be upon him) about the water of the sea, so he said: [ هُوَ الطَّهُوْرُ مَاؤُهُ، الْحِلُّ مَيْتَتُهُ ] "The water of the sea is pure and its dead (animal) is lawful." [ الموطأ، الطہارۃ، باب الطھور للوضوء : ۱۲۔ أبوداوٗد : ۸۳۔ ترمذی : ۶۹، صححہ الألبانی ] Similarly, the Prophet (peace be upon him) sent some Companions (may Allah be pleased with them) on a military expedition; their food ran out, so they saw a very large fish like a mound, which the water of the sea had left on the shore. Abu Ubaidah (may Allah be pleased with him) was the leader; he allowed them to eat it. Three hundred men ate from it for a month and also took some dried with them. The Messenger of Allah (peace be upon him) said: "Do you have any of its meat? Then give us some." So the Companions sent some meat to the Prophet (peace be upon him), and he ate it. [مسلم، الصید والذبائح،باب إباحۃ میتات البحر : ۱۹۳۵ ]

➋ {مَتَاعًا لَّكُمْ وَ لِلسَّيَّارَةِ:} By this, it is indicated that this concession is for your benefit, so that no one thinks that it has been made lawful due to Hajj, i.e., the animal of the sea is lawful for both the Muhrim and the non-Muhrim.

96. 1. By صَیْدُ is meant a living animal, and by طعَامُہُ is meant that dead (such as fish, etc.) which the sea or river throws out or which comes up on the surface of the water. As clarified in the hadith, the dead of the sea is lawful. (For details, see Ibn Kathir)

96. Lawful to you is the game of the sea [143] and its food as provision for you and for travelers [144]. But the game of the land is forbidden to you as long as you are in the state of ihram. And be mindful of Allah, before Whom you will be gathered.

[143] This permission is for both Muhrim and non-Muhrim. A Muhrim is only forbidden from hunting land animals. The likely wisdom in permitting hunting from the sea is that if provisions run out at sea, obtaining further provisions from the sea is much more difficult compared to land.

Every Kind of Sea Creature is Permissible:

According to this verse, all sea creatures are permissible. However, there is a difference of opinion regarding the permissibility of frogs, crocodiles, or any other creature of this kind that can live both in water and on land. Furthermore, there is no need to slaughter these sea creatures, because they die as soon as they are separated from the water, and even if they remain alive for a few moments, there is still no need to slaughter them—like fish, whether it is alive or dead, it is permissible in every case. And if a live fish is taken out of the water, it dies on its own after a few moments.
[144]
The Whale and the Expedition of Saif al-Bahr:

Sayyiduna Jabir bin Abdullah ؓ narrates that the Messenger of Allah ﷺ (in 8 AH) sent an army to the seashore and appointed Sayyiduna Abu Ubaidah bin al-Jarrah ص as its commander. They were three hundred men, and I was among them. On the way, our provisions ran out. Abu Ubaidah ordered that everyone bring their food and gather it together. When this was done, the total provisions amounted to two bags of dates. Abu Ubaidah would give us a little from them. When even that was about to run out, he started giving one date per person per day. Wahb says that I asked ؓ, "What could you do with one date?" He replied, "When even that was gone, then we realized that even one date was a blessing." Then, when we reached the sea, we saw a very large fish lying there, like a mountain. The army ate from it for eighteen days. Then Abu Ubaidah ordered that its two ribs be set upright, and a camel passed underneath them and did not reach the height of the ribs. [بخاري۔ باب الشركة فى الطعام وغيره]