The totality of this is that fish and other aquatic creatures that do not survive outside the water, if they die, are lawful, whether they die due to a cause or without one, based on the Prophet's (may Allah bless him and grant him peace) statement regarding the sea: "Its water is a purifier, and its dead carcass is lawful" (3). Ahmad said: This is better than a hundred hadiths. As for what dies due to a cause, such as a person hunting (4) it, the sea casting it out, or the tide receding from it, the scholars have unanimously agreed upon its permissibility. Similarly, what is confined in the water within an enclosure until it dies, there is also no disagreement regarding its lawfulness. Ahmad said: Floating fish may be eaten, and what the water has receded from is even better. The people have not differed regarding the fish that the sea casts out, and they have only differed regarding the floating fish, and there is no harm in it. Among those who permitted floating fish are Abu Bakr al-Siddiq and Abu Ayyub, may Allah be pleased with them both. Malik [and] (5) al-Shafi'i also held this view. Among those who permitted fish found dead are 'Ata', Makhul, al-Thawri, and al-Nakha'i. Jabir, Tawus, Ibn Sirin, Jabir ibn Zayd, and the scholars of opinion (ashab al-ra'y) disliked floating fish, because Jabir said: The Messenger of Allah (may Allah bless him and grant him peace) said: "Whatever the sea casts out or the tide recedes from, eat it, but whatever dies in it and floats, do not eat it." Narrated by Abu Dawud (6). Our evidence is the statement of Allah Almighty: "Lawful to you is the game of the sea and its food as a provision for you and for the travelers" (7). Ibn 'Abbas said: Its food is what dies within it (8). Also, the hadith we previously mentioned. Abu Bakr al-Siddiq, may Allah be pleased with him, said: The floating [fish] is lawful (8). Furthermore, if it were to die on land, it would be permitted; therefore, if it dies in the sea, it is permitted, just like locusts. As for the hadith of Jabir, it is mawquf (attributed to the Companion), as Abu Dawud stated: It was narrated by reliable narrators who attributed it to Jabir, and it has been transmitted via a weak chain of narration. Even if it were authentic, we would interpret it as a prohibition of dislike (karaha), because when it dies, it settles (9) at the bottom, and when it putrefies, it floats, so he disliked it due to its putrefaction, not its prohibition.
(3) Its verification was previously provided, in: 1/13, 14. (4) In (B): "he hunts it". (5) Omitted from (M). (6) In: The Chapter on Eating Floating Fish, from the Book of Foods. Sunan Abi Dawud 2/322. It was also narrated by Ibn Majah, in: The Chapter on Floating Sea Game, from the Book of Hunting. Sunan Ibn Majah 2/1081. (7) Surah al-Ma'idah: 96. (8) Narrated by al-Bukhari as a ta'liq (hanging narration), in: The Chapter on the Statement of Allah Almighty: "Lawful to you is the game of the sea", from the Book of Slaughtering and Hunting. Sahih al-Bukhari 7/116. Also by al-Daraqutni, in: The Book of Hunting and Slaughtering. Sunan al-Daraqutni 4/269, 270. And by al-Bayhaqi, in: The Chapter on What the Sea Has Cast Out and Floated..., from the Book of Hunting and Slaughtering. Al-Sunan al-Kubra 9/253, 255. And by Ibn Abi Shaybah, in: The Chapter on Those Who Granted Concession Regarding Floating Fish, and the Chapter on His statement Almighty: "As a provision for you and for the travelers", from the Book of Hunting. Al-Musannaf 5/381, 582.
