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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 289Section

Translation · EN

the fish, so that they hunt it with it. Ahmad disliked that and said: "It is haram, it should not be hunted with." Ahmad only disliked this because of what it entails regarding the fish consuming filth. It is all the same whether it is something that disperses, like blood and human excrement, or something that does not disperse, like a rat or a piece of carrion. Ahmad also disliked hunting with 'banat wardan' (cockroaches) and said: "Their habitat is the latrines." He also disliked hunting with frogs and said: "The frog has been forbidden from being killed."

Section: He disliked hunting with 'kharatim' (quick-intoxicating wines) and anything that possesses a soul, due to the torture of the animal involved. If he does hunt [with them], the game is permissible. He disliked hunting with the 'shibash', which is a bird whose eyes are sewn shut and it is tied up, because of the torture involved. He saw no harm in hunting with a net, a trap, or anything that contains 'dabq' (a sticky substance) that prevents a bird from flying, or [using bait] such that if it eats it, it becomes intoxicated and he catches it.

1718 - Issue: He said: (The game of an apostate is not to be eaten, nor is his slaughtered animal, even if he adheres to the religion of the People of the Book.)

This means what he kills of game whose 'dhakah' (slaughter) is not attained. This is the view of the majority of scholars, including al-Shafi'i, Abu Hanifah, and his companions. Al-Awza'i and Ishaq said: His slaughtered animal is permissible if he has gone over to Christianity or Judaism, because whoever aligns with a people is one of them. Our position is that he is a disbeliever who is not permitted to remain in his disbelief, so his slaughtered animal is not permissible, like the idolaters. This issue has already passed in the chapter on the Apostate.

1719 - Issue: He said: (Whoever leaves off mentioning the name of Allah over the game, whether intentionally or out of forgetfulness, it shall not be eaten. And if he leaves off mentioning the name of Allah over a slaughtered animal intentionally, it shall not be eaten, but if he leaves it off out of forgetfulness, it shall be eaten.)

Notes

(2) In (M): "the filth". (3) 'Banat wardan': A small creature like a beetle, reddish in color. (4) 'Kharatim': Plural of 'khurtum', which refers to wines that cause quick intoxication. (5) In the original, (B), and (M): "its eye". (6) In (M): "or is tied". (7) 'Dabq': A sticky substance used to catch birds, flies, and the like. (1) It was previously discussed in: 12/277.

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