The reliable narrators have attributed it to Jabir, and it has been narrated through a weak chain. 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.
Section: Eating locusts is permitted by the consensus of the scholars. Abdullah ibn Abi Awfa said: We fought seven expeditions with the Messenger of Allah (may Allah bless him and grant him peace), eating locusts. Narrated by al-Bukhari and Abu Dawud (10). There is no difference whether it dies due to a cause or without (11) a cause, according to the generality of the scholars, including al-Shafi'i, the scholars of Hadith, the scholars of opinion, and Ibn al-Mundhir. From Ahmad, it is reported that if cold kills it, it should not be eaten. Another report from him states: It is not to be eaten if it dies without a cause. This is the view of Malik. It is also narrated from Sa'id ibn al-Musayyab. Our evidence is the generality of his statement, peace be upon him: "Two types of dead creatures and two types of blood have been made lawful for us: the dead creatures are fish and locusts" (12). He did not specify any condition. Furthermore, because its dead carcass is permitted, no specific cause is required, just like fish. If it required a cause, it would require slaughtering, a slaughterer, and a tool, just like livestock.
Section: It is permitted to eat locusts with what is inside them, and likewise fish; it is permissible to fry them without slitting their abdomen (13). The companions of al-Shafi'i said regarding fish: It is not permitted, because its excrement is impure. Our evidence is the generality of the text regarding its permissibility, and what they mentioned is not accepted. If a person swallows something of it while alive, it is disliked, because there is torture in that.
Section: Ahmad was asked about fish being cast into the fire, and he said: It does not please me. And about locusts? [He said: It does not please me, and locusts] (14) are easier, for they have no blood. He did not dislike eating fish if it is cast into the fire; rather, he disliked torturing it with fire. As for locusts, he was lenient regarding casting them in because they have no blood, and because there is no need to cast fish into the fire, as it is possible to leave them until they die quickly, whereas locusts do not die immediately but remain for a long period. In the "Musnad of al-Shafi'i" (15) it is mentioned that Ka'b was in a state of ihram, and a swarm (16) of locusts passed by him, so he forgot and took two locusts and cast them into the fire, [and roasted them in the fire] (17), and he mentioned that to Umar, and Umar did not object to his leaving them in the fire. The hadith of Ibn Umar was mentioned to him: Locusts used to be fried for him. He said: Locusts are taken, their wings are cut off, and then they are cast into the oil while they are alive.
1725 - Issue: He said: (The slaughter [dhakah] of that which is captured from game and livestock (1) is in the throat and the base of the neck).
We have already mentioned the ruling on that which is impossible to capture from game and livestock. As for that which can be captured from them, it is not permitted except through slaughter, without disagreement among the scholars. Slaughter requires five things: a slaughterer, a tool, a location, an act, and a mention [of Allah]. As for the slaughterer, two conditions are required for him: his religion, which is that he is a Muslim or a person of the Book, and his intellect, which is that he possesses an intellect that understands slaughter so that he may intend it (2). If he does not possess intellect, such as a child who cannot discern, a lunatic, or an intoxicated person, what he slaughters is not lawful, because intention cannot be valid from him; he is thus like one who strikes a person with a sword and severs the neck of a sheep. As for the tool, it has two conditions: one, that it be sharp, cutting or piercing by its sharpness, not by its weight. Second, that it not be a tooth or a nail. If these two conditions are met in an object, slaughter with it is lawful, whether it is iron, stone, a blade (3), or wood, based on the statement of the Prophet (may Allah bless him and grant him peace): "Whatever causes blood to flow and the name of Allah is mentioned over it, eat it (4), as long as it is not a tooth or a nail." Agreed upon (5). From 'Adi ibn Hatim, he said: I said:
(9) In (A) and (M): "rasaba" (sunk). The word is written in the original and (B) as: "rasa". (10) Narrated by al-Bukhari, in: The Chapter on Eating Locusts, from the Book of Slaughtering. Sahih al-Bukhari 7/117. And Abu Dawud, in: The Chapter on Eating Locusts, from the Book of Foods. Sunan Abi Dawud 2/321. It was also narrated by Muslim, in: The Chapter on the Permissibility of Locusts, from the Book of Hunting and Slaughtering. Sahih Muslim 3/1546. And al-Tirmidhi, in: The Chapter on What Has Come Regarding Eating Locusts, from the Chapters of Foods. Aridat al-Ahwadhi 8/15, 16. And al-Nasa'i, in: The Chapter on Locusts, from the Book of Hunting and Slaughtering. Al-Mujtaba 7/185. And al-Darimi, in: The Chapter on Eating Locusts, from the Book of Hunting. Sunan al-Darimi 2/91. And Imam Ahmad, in: Al-Musnad 4/353, 357, 380. (11) In (M): "bi-ghayr". (12) Its verification was previously provided, on page 298. (13) In (M): "batnihi" (its belly). (14) Omitted from the original. Transferred for review.
