Malik said, "I do not see any harm in eating game which is
pierced by a throwing stick in a vital organ.
Allah, the
Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try
you with something of the game that your hands and spears attain.' "
(Sura 5 ayat 97).
Yahya said, "Any game that man obtains by
his hand or by his spear or by any weapon which pierces it and reaches
a vital organ, is acceptable as Allah, the Exalted, has said."
Yahya said that he heard Malik say that there was no harm in
eating game when you did not see it die if you found the mark of your
dog on it or your arrow in it as long as it had not remained
overnight. If it had remained overnight, then it was disapproved of to
eat it.
Malik said,
"The best of what I have heard about retrieving game from the falcon's
talons or from the dog's fangs and then waiting until it dies, is that
it is not halal to eat it."
Malik said, "The same applies to
anything which could have been slaughtered by the hunter when it was
in the talons of the falcon or the fangs of the dog. If the hunter
leaves it until the falcon or dog has killed it, it is not halal to
eat it either". He continued, "The same thing applies to any game hit
by a hunter and caught while still alive, which he neglects to
slaughter before it dies."
Malik said, "It is generally
agreed among us that it is halal to eat the game that a hunting-dog
belonging to magians hunts or kills, if it is sent out by a muslim and
the animal is trained. There is no harm in it even if the muslim does
not actually slaughter it.
It is the same as a muslim using a
magian's knife to slaughter with or using his bow and arrows to shoot
and kill with. The game he shot and the animal he slaughters are
halal. There is no harm in eating them. If a magian sends out a
muslim's hunting dog for game, and it catches it, the game is not to
be eaten unless it is slaughtered by a muslim. That is like a magian
using a muslim's bow and arrow to hunt game with, or like his using a
muslim's knife to slaughter with. It is not halal to eat anything
killed like that.
Malik said that there was no harm
in eating fish caught by magians, because the Messenger of Allah, may
Allah bless him and grant him peace, said, "In the sea's water is
purity, and that which is dead in it is halal. "
Malik said,
"If it is eaten when it is dead, there is no harm in who catches it."
Malik said, "This is the custom among
us."
Malik said "Allah
mentioned horses, mules, and donkeys for riding and adornment, and He
mentioned cattle for riding and eating."
Malik said, "Al-qani
also means the poor."
Malik when asked whether or not a man who had been
forced by necessity to eat carrion, should eat it when he also found
the fruit, crops or sheep of a people in that place, answered, "If he
thinks that the owners of the fruit, crops, or sheep will believe his
necessity so that he will not be deemed a thief and have his hand cut
off, then I think that he should eat from whatever he finds that which
will remove his hunger but he should not carry any of it away. I
prefer that he does that than that he eat carrion. If he fears that he
will not be believed, and will be deemed a thief for what he has
taken, then I think that it is better for him to eat the carrion, and
he has leeway to eat carrion in this respect. Even so, I fear that
someone who is not forced by necessity to eat carrion might exceed the
limits out of a desire to consume other peoples' property, crops or
fruit."
Malik said, "That is the best of what I have heard."